jswizzle3737/ontario_laws_and_regs huggingface dataset:
42 (1) No employer shall pay an employee of one sex at a rate of pay less than the rate paid to an employee of the other sex when, (a)  they perform substantially the same kind of work in the same establishment; (b)  their performance requires substantially the same skill, effort and responsibility; and (c)  their work is performed under similar working conditions.  2000, c. 41, s. 42 (1). Exception (2) Subsection (1) does not apply when the difference in the rate of pay is made on the basis of, (a)  a seniority system; (b)  a merit system; (c)  a system that measures earnings by quantity or quality of production; or (d)  any other factor other than sex.  2000, c. 41, s. 42 (2); 2017, c. 22, Sched. 1, s. 26 (1); 2018, c. 14, Sched. 1, s. 8 (1). Reduction prohibited (3) No employer shall reduce the rate of pay of an employee in order to comply with subsection (1).  2000, c. 41, s. 42 (3). Organizations (4) No trade union or other organization shall cause or attempt to cause an employer to contravene subsection (1).  2000, c. 41, s. 42 (4); 2017, c. 22, Sched. 1, s. 26 (2). Deemed wages (5) If an employment standards officer finds that an employer has contravened subsection (1), the officer may determine the amount owing to an employee as a result of the contravention and that amount shall be deemed to be unpaid wages for that employee.  2000, c. 41, s. 42 (5). (6) Repealed: 2018, c. 14, Sched. 1, s. 8 (2). Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 26 (1-3) - 01/04/2018 2018, c. 14, Sched. 1, s. 8 (1, 2) - 01/01/2019 42.1 Repealed: 2018, c. 14, Sched. 1, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 27 - 01/04/2018 2018, c. 14, Sched. 1, s. 9 - 01/01/2019 42.2 Repealed: 2018, c. 14, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 28 - 01/04/2018 2018, c. 14, Sched. 1, s. 10 - 01/01/2019 42.3 Repealed: 2018, c. 14, Sched. 1, s. 11. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 29 - 01/04/2018 2018, c. 14, Sched. 1, s. 11 - 01/01/2019 PART Xiii   BENEFIT plans
43 In this Part, “employer” means an employer as defined in subsection 1 (1), and includes a group or number of unaffiliated employers or an association of employers acting for an employer in relation to a pension plan, a life insurance plan, a disability insurance plan, a disability benefit plan, a health insurance plan or a health benefit plan.  2000, c. 41, s. 43.
44 (1) Except as prescribed, no employer or person acting directly on behalf of an employer shall provide, offer or arrange for a benefit plan that treats any of the following persons differently because of the age, sex or marital status of employees: 1.  Employees. 2.  Beneficiaries. 3.  Survivors. 4.  Dependants.  2000, c. 41, s. 44 (1); 2004, c. 15, s. 1. Causing contravention prohibited (2) No organization of employers or employees and no person acting directly on behalf of such an organization shall, directly or indirectly, cause or attempt to cause an employer to contravene subsection (1).  2000, c. 41, s. 44 (2). Section Amendments with date in force (d/m/y) 2004, c. 15, s. 1 - 13/06/2005 PART XIv   LEAVES OF ABSENCE
45 In this Part, “parent” includes a person with whom a child is placed for adoption and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own, and “child” has a corresponding meaning; (“parent”) “spouse” means, (a)  a spouse as defined in section 1 of the Family Law Act, or (b)  either of two persons who live together in a conjugal relationship outside marriage. (“conjoint”)  2000, c. 41, s. 45; 2001, c. 9, Sched. I, s. 1 (9); 2004, c. 15, s. 2; 2005, c. 5, s. 23; 2021, c. 4, Sched. 11, s. 9 (1, 2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (9) - 4/09/2001 2004, c. 15, s. 2 - 29/06/2004 2005, c. 5, s. 23 - 9/03/2005 2021, c. 4, Sched. 11, s. 9 (1, 2) - 19/04/2021 Pregnancy Leave
46 (1) A pregnant employee is entitled to a leave of absence without pay unless her due date falls fewer than 13 weeks after she commenced employment.  2000, c. 41, s. 46 (1). When leave may begin (2) An employee may begin her pregnancy leave no earlier than the earlier of, (a)  the day that is 17 weeks before her due date; and (b)  the day on which she gives birth.  2000, c. 41, s. 46 (2). Exception (3) Clause (2) (b) does not apply with respect to a pregnancy that ends with a still-birth or miscarriage.  2000, c. 41, s. 46 (3). Latest day for beginning pregnancy leave (3.1) An employee may begin her pregnancy leave no later than the earlier of, (a)  her due date; and (b)  the day on which she gives birth.  2001, c. 9, Sched. I, s. 1 (10). Notice (4) An employee wishing to take pregnancy leave shall give the employer, (a)  written notice at least two weeks before the day the leave is to begin; and (b)  if the employer requests it, a certificate from a legally qualified medical practitioner stating the due date.  2000, c. 41, s. 46 (4). Notice to change date (5) An employee who has given notice to begin pregnancy leave may begin the leave, (a)  on an earlier day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before that earlier day; or (b)  on a later day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before the day set out in the original notice.  2000, c. 41, s. 46 (5). Same, complication, etc. (6) If an employee stops working because of a complication caused by her pregnancy or because of a birth, still-birth or miscarriage that occurs earlier than the due date, subsection (4) does not apply and the employee shall, within two weeks after stopping work, give the employer, (a)  written notice of the day the pregnancy leave began or is to begin; and (b)  if the employer requests it, a certificate from a legally qualified medical practitioner stating, (i)  in the case of an employee who stops working because of a complication caused by her pregnancy, that she is unable to perform the duties of her position because of the complication and stating her due date, (ii)  in any other case, the due date and the actual date of the birth, still-birth or miscarriage.  2000, c. 41, s. 46 (6). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (10) - 4/09/2001
46.1 In section 46, “legally qualified medical practitioner” means, (a)  a person who is qualified to practice as a physician, (b)  a person who is qualified to practice as a midwife, (c)  a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991, or (d)  in the prescribed circumstances, a member of a prescribed class of medical practitioners. (“médecin dûment qualifié”) 2017, c. 22, Sched. 1, s. 30. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 30 - 01/01/2018
47 (1) An employee’s pregnancy leave ends, (a)  if she is entitled to parental leave, 17 weeks after the pregnancy leave began; (b)  if she is not entitled to parental leave, on the day that is the later of, (i)  17 weeks after the pregnancy leave began, and (ii)  12 weeks after the birth, still-birth or miscarriage.  2000, c. 41, s. 47 (1); 2017, c. 22, Sched. 1, s. 31 (1). Transition (1.1) Despite clause (1) (b), if an employee who is not entitled to parental leave began her pregnancy leave before January 1, 2018, her pregnancy leave ends on the day that is the later of, (a)  17 weeks after the pregnancy leave began; and (b)  six weeks after the birth, still-birth or miscarriage. 2017, c. 22, Sched. 1, s. 31 (2). Ending leave early (2) An employee may end her leave earlier than the day set out in subsection (1) by giving her employer written notice at least four weeks before the day she wishes to end her leave.  2000, c. 41, s. 47 (2). Changing end date (3) An employee who has given notice under subsection (2) to end her pregnancy leave may end the leave, (a)  on an earlier day than was set out in the notice, if the employee gives the employer a new written notice at least four weeks before the earlier day; or (b)  on a later day than was set out in the notice, if the employee gives the employer a new written notice at least four weeks before the day indicated in the original notice.  2000, c. 41, s. 47 (3). Employee not returning (4) An employee who takes pregnancy leave shall not terminate her employment before the leave expires or when it expires without giving the employer at least four weeks’ written notice of the termination.  2000, c. 41, s. 47 (4). Exception (5) Subsection (4) does not apply if the employer constructively dismisses the employee.  2000, c. 41, s. 47 (5). Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 31 (1, 2) - 01/01/2018 Parental Leave
48 (1) An employee who has been employed by his or her employer for at least 13 weeks and who is the parent of a child is entitled to a leave of absence without pay following the birth of the child or the coming of the child into the employee’s custody, care and control for the first time.  2000, c. 41, s. 48 (1); 2021, c. 4, Sched. 11, s. 9 (3). When leave may begin (2) An employee may begin parental leave no later than 78 weeks after the day the child is born or comes into the employee’s custody, care and control for the first time.  2000, c. 41, s. 48 (2); 2017, c. 22, Sched. 1, s. 32 (1). Transition (2.1) Despite subsection (2), an employee may begin parental leave no later than 52 weeks after the day the child is born or comes into the employee’s custody, care and control for the first time if that day was before the day subsection 32 (2) of Schedule 1 to the Fair Workplaces, Better Jobs Act, 2017 came into force. 2017, c. 22, Sched. 1, s. 32 (2). Restriction if pregnancy leave taken (3) An employee who has taken pregnancy leave must begin her parental leave when her pregnancy leave ends unless the child has not yet come into her custody, care and control for the first time.  2000, c. 41, s. 48 (3). Notice (4) Subject to subsection (6), an employee wishing to take parental leave shall give the employer written notice at least two weeks before the day the leave is to begin.  2000, c. 41, s. 48 (4). Notice to change date (5) An employee who has given notice to begin parental leave may begin the leave, (a)  on an earlier day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before that earlier day; or (b)  on a later day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before the day set out in the original notice.  2000, c. 41, s. 48 (5). If child earlier than expected (6) If an employee stops working because a child comes into the employee’s custody, care and control for the first time earlier than expected, (a)  the employee’s parental leave begins on the day he or she stops working; and (b)  the employee must give the employer written notice that he or she is taking parental leave within two weeks after stopping work.  2000, c. 41, s. 48 (6). Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 32 (1, 2) - 03/12/2017 2021, c. 4, Sched. 11, s. 9 (3) - 19/04/2021
49 (1) An employee’s parental leave ends 61 weeks after it began, if the employee also took pregnancy leave and 63 weeks after it began, otherwise.  2000, c. 41, s. 49 (1); 2017, c. 22, Sched. 1, s. 33 (1). Transition (1.1) Despite subsection (1), if the child in respect of whom the employee takes parental leave was born or came into the employee’s custody, care and control for the first time before the day subsection 33 (2) of Schedule 1 to the Fair Workplaces, Better Jobs Act, 2017
came into force, the employee’s parental leave ends, (a)  35 weeks after it began, if the employee also took pregnancy leave; and (b)  37 weeks after it began, otherwise. 2017, c. 22, Sched. 1, s. 33 (2). Ending leave early (2) An employee may end his or her parental leave earlier than the day set out in subsection (1) by giving the employer written notice at least four weeks before the day he or she wishes to end the leave.  2000, c. 41, s. 49 (2). Changing end date (3) An employee who has given notice to end his or her parental leave may end the leave, (a)  on an earlier day than was set out in the notice, if the employee gives the employer a new written notice at least four weeks before the earlier day; or (b)  on a later day than was set out in the notice, if the employee gives the employer a new written notice at least four weeks before the day indicated in the original notice.  2000, c. 41, s. 49 (3). Employee not returning (4) An employee who takes parental leave shall not terminate his or her employment before the leave expires or when it expires without giving the employer at least four weeks’ written notice of the termination.  2000, c. 41, s. 49 (4). Exception (5) Subsection (4) does not apply if the employer constructively dismisses the employee.  2000, c. 41, s. 49 (5). Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 33 (1, 2) - 03/12/2017 Family Medical Leave
49.3 (1) In this section, “qualified health practitioner” means, (a)  a person who is qualified to practise as a physician, a registered nurse or a psychologist under the laws of the jurisdiction in which care or treatment is provided to the individual described in subsection (5), or (b)  in the prescribed circumstances, a member of a prescribed class of health practitioners; (“praticien de la santé qualifié”) “week” means a period of seven consecutive days beginning on Sunday and ending on Saturday. (“semaine”) 2014, c. 6, s. 3. Entitlement to leave (2) An employee is entitled to a leave of absence without pay to provide care or support to an individual described in subsection (5) if a qualified health practitioner issues a certificate stating that the individual has a serious medical condition. 2014, c. 6, s. 3. Serious medical condition (3) For greater certainty, a serious medical condition referred to in subsection (2) may include a condition that is chronic or episodic. 2014, c. 6, s. 3. Same (4) An employee is entitled to take up to eight weeks leave under this section for each individual described in subsection (5) in each calendar year. 2014, c. 6, s. 3. Application of subs. (2) (5) Subsection (2) applies in respect of the following individuals: 1.  The employee’s spouse. 2.  A parent, step-parent or foster parent of the employee or the employee’s spouse. 3.  A child, step-child or foster child of the employee or the employee’s spouse. 4.  A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse. 5.  The spouse of a child of the employee. 6.  The employee’s brother or sister. 7.  A relative of the employee who is dependent on the employee for care or assistance. 8.  Any individual prescribed as a family member for the purpose of this section. 2014, c. 6, s. 3; 2016, c. 23, s. 46; 2021, c. 4, Sched. 11, s. 9 (5). Advising employer (6) An employee who wishes to take a leave under this section shall advise his or her employer in writing that he or she will be doing so. 2014, c. 6, s. 3. Same (7) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave in writing as soon as possible after beginning it. 2014, c. 6, s. 3. Leave deemed to be taken in entire weeks (7.1) For the purposes of an employee’s entitlement under subsection (4), if an employee takes any part of a week as leave, the employer may deem the employee to have taken one week of leave. 2017, c. 22, Sched. 1, s. 35 (1). Copy of certificate (8) If requested by the employer, the employee shall provide the employer with a copy of the certificate referred to in subsection (2) as soon as possible. 2014, c. 6, s. 3. (9) Repealed: 2018, c. 14, Sched. 1, s. 14. Section Amendments with date in force (d/m/y) 2014, c. 6, s. 3 - 29/10/2014 2016, c. 23, s. 46
- 05/12/2016 2017, c. 22, Sched. 1, s. 35 (1, 2) - 01/01/2018 2018, c. 14, Sched. 1, s. 14 - 01/01/2019 2021, c. 4, Sched. 11, s. 9 (5) - 19/04/2021 Critical Illness Leave Critical illness leave
50 (1) An employee who has been employed by an employer for at least two consecutive weeks is entitled to a leave of absence without pay because of a personal illness, injury or medical emergency. 2018, c. 14, Sched. 1, s. 19. Same, limit (2) An employee’s entitlement to leave under this section is limited to a total of three days in each calendar year. 2018, c. 14, Sched. 1, s. 19. Advising employer (3) An employee who wishes to take a leave under this section shall advise his or her employer that he or she will be doing so. 2018, c. 14, Sched. 1, s. 19. Same (4) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it. 2018, c. 14, Sched. 1, s. 19. Leave deemed to be taken in entire days (5) For the purposes of an employee’s entitlement under subsection (1), if an employee takes any part of a day as leave under this section, the employer may deem the employee to have taken one day of leave on that day. 2018, c. 14, Sched. 1, s. 19. Evidence (6) An employer may require an employee who takes leave under this section to provide evidence reasonable in the circumstances that the employee is entitled to the leave. 2018, c. 14, Sched. 1, s. 19. Sick leave taken under employment contract (7) If an employee takes a paid or unpaid leave of absence under an employment contract in circumstances for which he or she would also be entitled to take a leave under this section, the employee is deemed to have taken the leave under this section. 2018, c. 14, Sched. 1, s. 19. Same, application of Act to deemed leave (8) All applicable requirements and prohibitions under this Act apply to a leave deemed to have been taken under subsection (7). 2018, c. 14, Sched. 1, s. 19. Same, application of subs. (5) to deemed leave (9) Subsection (5) applies with necessary modifications to a leave deemed to have been taken under subsection (7). 2018, c. 14, Sched. 1, s. 19. Section Amendments with date in force (d/m/y) 2004, c. 15, s. 4 - 29/06/2004;
2004, c. 21, s. 8 - 1/03/2005 2006, c. 13, s. 3 (2) - 30/06/2006 2016, c. 23, s. 46
- 05/12/2016 2017, c. 22, Sched. 1, s. 39 (1-3) - 01/01/2018 2018, c. 14, Sched. 1, s. 19 - 01/01/2019 Family Responsibility Leave
50.0.1 (1) An employee who has been employed by an employer for at least two consecutive weeks is entitled to a leave of absence without pay because of any of the following: 1.  The illness, injury or medical emergency of an individual described in subsection (3). 2.  An urgent matter that concerns an individual described in subsection (3). 2018, c. 14, Sched. 1, s. 19. Same, limit (2) An employee’s entitlement to leave under this section is limited to a total of three days in each calendar year. 2018, c. 14, Sched. 1, s. 19. Family members (3) Subsection (1) applies with respect to the following individuals: 1.  The employee’s spouse. 2.  A parent, step-parent or foster parent of the employee or the employee’s spouse. 3.  A child, step-child or foster child of the employee or the employee’s spouse. 4.  A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of the employee’s spouse. 5.  The spouse of a child of the employee. 6.  The employee’s brother or sister. 7.  A relative of the employee who is dependent on the employee for care or assistance. 2018, c. 14, Sched. 1, s. 19; 2021, c. 4, Sched. 11, s. 9 (5). Advising employer (4) An employee who wishes to take a leave under this section shall advise his or her employer that he or she will be doing so. 2018, c. 14, Sched. 1, s. 19. Same (5) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it. 2018, c. 14, Sched. 1, s. 19. Leave deemed to be taken in entire days (6) For the purposes of an employee’s entitlement under subsection (1), if an employee takes any part of a day as leave under this section, the employer may deem the employee to have taken one day of leave on that day. 2018, c. 14, Sched. 1, s. 19. Evidence (7) An employer may require an employee who takes leave under this section to provide evidence reasonable in the circumstances that the employee is entitled to the leave. 2018, c. 14, Sched. 1, s. 19. Family responsibility leave taken under employment contract (8) If an employee takes a paid or unpaid leave of absence under an employment contract in circumstances for which he or she would also be entitled to take a leave under this section, the employee is deemed to have taken the leave under this section. 2018, c. 14, Sched. 1, s. 19. Same, application of Act to deemed leave (9) All applicable requirements and prohibitions under this Act apply to a leave deemed to have been taken under subsection (8). 2018, c. 14, Sched. 1, s. 19. Same, application of subs. (6) to deemed leave (10) Subsection (6) applies with necessary modifications to a leave deemed to have been taken under subsection (8). 2018, c. 14, Sched. 1, s. 19. Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 1, s. 19 - 01/01/2019 2021, c. 4, Sched. 11, s. 9 (5) - 19/04/2021 Bereavement Leave
50.0.2 (1) An employee who has been employed by an employer for at least two consecutive weeks is entitled to a leave of absence without pay because of the death of an individual described in subsection (3). 2018, c. 14, Sched. 1, s. 19. Same, limit (2) An employee’s entitlement to leave under this section is limited to a total of two days in each calendar year. 2018, c. 14, Sched. 1, s. 19. Family members (3) Subsection (1) applies with respect to the following individuals: 1.  The employee’s spouse. 2.  A parent, step-parent or foster parent of the employee or the employee’s spouse. 3.  A child, step-child or foster child of the employee or the employee’s spouse. 4.  A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of the employee’s spouse. 5.  The spouse of a child of the employee. 6.  The employee’s brother or sister. 7.  A relative of the employee who is dependent on the employee for care or assistance. 2018, c. 14, Sched. 1, s. 19; 2021, c. 4, Sched. 11, s. 9 (5). Advising employer (4) An employee who wishes to take a leave under this section shall advise his or her employer that he or she will be doing so. 2018, c. 14, Sched. 1, s. 19. Same (5) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it. 2018, c. 14, Sched. 1, s. 19. Leave deemed to be taken in entire days (6) For the purposes of an employee’s entitlement under subsection (1), if an employee takes any part of a day as leave under this section, the employer may deem the employee to have taken one day of leave on that day. 2018, c. 14, Sched. 1, s. 19. Evidence (7) An employer may require an employee who takes leave under this section to provide evidence reasonable in the circumstances that the employee is entitled to the leave. 2018, c. 14, Sched. 1, s. 19. Bereavement leave taken under employment contract (8) If an employee takes a paid or unpaid leave of absence under an employment contract in circumstances for which he or she would also be entitled to take a leave under this section, the employee is deemed to have taken the leave under this section. 2018, c. 14, Sched. 1, s. 19. Same, application of Act to deemed leave (9) All applicable requirements and prohibitions under this Act apply to a leave deemed to have been taken under subsection (8). 2018, c. 14, Sched. 1, s. 19. Same, application of subs. (6) to deemed leave (10) Subsection (6) applies with necessary modifications to a leave deemed to have been taken under subsection (8). 2018, c. 14, Sched. 1, s. 19. Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 1, s. 19 - 01/01/2019 2021, c. 4, Sched. 11, s. 9 (5) - 19/04/2021 Emergency Leave: Declared Emergencies and Infectious Disease Emergencies
51 (1) During any leave under this Part, an employee continues to participate in each type of benefit plan described in subsection (2) that is related to his or her employment unless he or she elects in writing not to do so.  2000, c. 41, s. 51 (1). Benefit plans (2) Subsection (1) applies with respect to pension plans, life insurance plans, accidental death plans, extended health plans, dental plans and any prescribed type of benefit plan.  2000, c. 41, s. 51 (2). Employer contributions (3) During an employee’s leave under this Part, the employer shall continue to make the employer’s contributions for any plan described in subsection (2) unless the employee gives the employer a written notice that the employee does not intend to pay the employee’s contributions, if any.  2000, c. 41, s. 51 (3). Reservist leave (4) Subsections (1), (2) and (3) do not apply in respect of an employee during a leave under section 50.2, unless otherwise prescribed.  2007, c. 16, Sched. A, s. 4. Exception (5) Despite subsection (4), subsections (1), (2) and (3) apply in respect of an employee during a period of postponement under subsection 53 (1.1), unless otherwise prescribed.  2007, c. 16, Sched. A, s. 4. Section Amendments with date in force (d/m/y) 2007, c. 16, Sched. A, s. 4 - 3/12/2007
51.1 (1) An employee who is on leave under this Part may defer taking vacation until the leave expires or, if the employer and employee agree to a later date, until that later date if, (a)  under the terms of the employee’s employment contract, the employee may not defer taking vacation that would otherwise be forfeited or the employee’s ability to do so is restricted; and (b)  as a result, in order to exercise his or her right to leave under this Part, the employee would have to, (i)  forfeit vacation or vacation pay, or (ii)  take less than his or her full leave entitlement.  2001, c. 9, Sched. I, s. 1 (11). Leave and completion of vacation conflict (2) If an employee is on leave under this Part on the day by which his or her vacation must be completed under paragraph 1 of section 35 or paragraph 1 of subsection 35.1 (2), the uncompleted part of the vacation shall be completed immediately after the leave expires or, if the employer and employee agree to a later date, beginning on that later date.  2001, c. 9, Sched. I, s. 1 (11); 2002, c. 18, Sched. J, s. 3 (22). Alternative right, vacation pay (3) An employee to whom this section applies may forego vacation and receive vacation pay in accordance with section 41 rather than completing his or her vacation under this section.  2001, c. 9, Sched. I, s. 1 (11). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (11) - 4/09/2001 2002, c. 18, Sched. J, s. 3 (22) - 26/11/2002
52 (1) The period of an employee’s leave under this Part shall be included in calculating any of the following for the purpose of determining his or her rights under an employment contract: 1.  The length of his or her employment, whether or not it is active employment. 2.  The length of the employee’s service whether or not that service is active. 3.  The employee’s seniority.  2000, c. 41, s. 52 (1). Exception (2) The period of an employee’s leave shall not be included in determining whether he or she has completed a probationary period under an employment contract.  2000, c. 41, s. 52 (2).
52.1 (1) If a provision in this Part requires that an employee who takes a leave to provide care or support to a person take the leave in periods of entire weeks and, during a week of leave, an employee ceases to provide care or support,  (a)  the employee’s entitlement to leave continues until the end of the week; and (b)  the employee may return to work during the week only if the employer agrees, whether in writing or not. 2014, c. 6, s. 4. Same (2) If an employee returns to work under clause (1) (b), the week counts as an entire week for the purposes of any provision in this Part that limits the employee’s entitlement to leave to a certain number of weeks. 2014, c. 6, s. 4. Section Amendments with date in force (d/m/y) 2014, c. 6, s. 4 - 29/10/2014
53 (1) Upon the conclusion of an employee’s leave under this Part, the employer shall reinstate the employee to the position the employee most recently held with the employer, if it still exists, or to a comparable position, if it does not.  2000, c. 41, s. 53 (1). Reservist leave (1.1) Despite subsection (1), the employer of an employee who has been on leave under section 50.2 may postpone the employee’s reinstatement until, (a)  a prescribed day; or (b)  if no day is prescribed, the later of, (i)  the day that is two weeks after the day on which the leave ends, and (ii)  the first pay day that falls after the day on which the leave ends.  2007, c. 16, Sched. A, s. 5. Same (1.2) During the period of postponement, the employee is deemed to continue to be on leave under section 50.2 for the purposes of sections 51.1 and 52.  2007, c. 16, Sched. A, s. 5. Exception (2) Subsection (1) does not apply if the employment of the employee is ended solely for reasons unrelated to the leave.  2000, c. 41, s. 53 (2). Wage rate (3) The employer shall pay a reinstated employee at a rate that is equal to the greater of, (a)  the rate that the employee most recently earned with the employer; and (b)  the rate that the employee would be earning had he or she worked throughout the leave.  2000, c. 41, s. 53 (3). Section Amendments with date in force (d/m/y) 2007, c. 16, Sched. A, s. 5 - 3/12/2007
53.1 For greater certainty, every entitlement to leave under this Part applies separately from, and in addition to, every other entitlement to leave under this Part. 2018, c. 14, Sched. 1, s. 21. Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 1, s. 21 - 01/01/2019 PART Xv   TERMINATION and severance OF EMPLOYMENT Interpretation
53.2 In this Part, except for clause 58 (2) (b) and subsection 58 (5), and for the purposes of Part XVIII (Reprisal), section 74.12, Part XXI (Who Enforces this Act and What They Can Do), Part XXII (Complaints and Enforcement), Part XXIII (Reviews by the Board), Part XXIV (Collection), Part XXV (Offences and Prosecutions), Part XXVI (Miscellaneous Evidentiary Provisions) and Part XXVII (Regulations) insofar as matters concerning this Part are concerned, “establishment” means an establishment as defined in subsection 1 (1) subject to the following modification: 1.  The phrase “location at which the employer carries on business” includes a private residence of the employer’s employee if the employee performs work in the private residence and the employee does not perform work at any other location where the employer carries on business. 2023, c. 15, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2023, c. 15, Sched. 2, s. 2 - 26/10/2023 Termination of Employment
54 No employer shall terminate the employment of an employee who has been continuously employed for three months or more unless the employer, (a)  has given to the employee written notice of termination in accordance with section 57 or 58 and the notice has expired; or (b)  has complied with section 61.  2000, c. 41, s. 54.
55 Prescribed employees are not entitled to notice of termination or termination pay under this Part.  2000, c. 41, s. 55.
57 The notice of termination under section 54 shall be given, (a)  at least one week before the termination, if the employee’s period of employment is less than one year; (b)  at least two weeks before the termination, if the employee’s period of employment is one year or more and fewer than three years; (c)  at least three weeks before the termination, if the employee’s period of employment is three years or more and fewer than four years; (d)  at least four weeks before the termination, if the employee’s period of employment is four years or more and fewer than five years; (e)  at least five weeks before the termination, if the employee’s period of employment is five years or more and fewer than six years; (f)  at least six weeks before the termination, if the employee’s period of employment is six years or more and fewer than seven years; (g)  at least seven weeks before the termination, if the employee’s period of employment is seven years or more and fewer than eight years; or (h)  at least eight weeks before the termination, if the employee’s period of employment is eight years or more.  2000, c. 41, s. 57.
58 (1) Despite section 57, the employer shall give notice of termination in the prescribed manner and for the prescribed period if the employer terminates the employment of 50 or more employees at the employer’s establishment in the same four-week period.  2000, c. 41, s. 58 (1). Information (2) An employer who is required to give notice under this section, (a)  shall provide to the Director the prescribed information in a form approved by the Director; (b)  shall, on the first day of the notice period, post in the employer’s establishment the prescribed information in a form approved by the Director; and (c)  shall, on the first day of the notice period, provide the prescribed information in a form approved by the Director to each of the affected employees. 2023, c. 15, Sched. 2, s. 3. Content (3) The information required under subsection (2) may include, (a)  the economic circumstances surrounding the terminations; (b)  any consultations that have been or are proposed to take place with communities in which the terminations will take place or with the affected employees or their agent in connection with the terminations; (c)  any proposed adjustment measures and the number of employees expected to benefit from each; and (d)  a statistical profile of the affected employees.  2000, c. 41, s. 58 (3). When notice effective (4) The notice required under subsection (1) shall be deemed not to have been given until the Director receives the information required under clause (2) (a).  2000, c. 41, s. 58 (4). Posting (5) The employer shall post the information required under clause (2) (b) in at least one conspicuous place in the employer’s establishment where it is likely to come to the attention of the affected employees and the employer shall keep that information posted throughout the notice period required under this section.  2000, c. 41, s. 58 (5). Employee notice (6) An employee to whom notice has been given under this section shall not terminate his or her employment without first giving the employer written notice, (a)  at least one week before doing so, if his or her period of employment is less than two years; or (b)  at least two weeks before doing so, if his or her period of employment is two years or more.  2000, c. 41, s. 58 (6). Exception (7) Subsection (6) does not apply if the employer constructively dismisses the employee or breaches a term of the employment contract, whether or not such a breach would constitute a constructive dismissal.  2000, c. 41, s. 58 (7). Section Amendments with date in force (d/m/y) 2023, c. 15, Sched. 2, s. 3 - 26/10/2023
59 (1) Time spent by an employee on leave or other inactive employment is included in determining his or her period of employment.  2000, c. 41, s. 59 (1). Exception (2) Despite subsection (1), if an employee’s employment was terminated as a result of a lay-off, no part of the lay-off period after the deemed termination date shall be included in determining his or her period of employment.  2000, c. 41, s. 59 (2).
60 (1) During a notice period under section 57 or 58, the employer, (a)  shall not reduce the employee’s wage rate or alter any other term or condition of employment; (b)  shall in each week pay the employee the wages the employee is entitled to receive, which in no case shall be less than his or her regular wages for a regular work week; and (c)  shall continue to make whatever benefit plan contributions would be required to be made in order to maintain the employee’s benefits under the plan until the end of the notice period.  2000, c. 41, s. 60 (1). No regular work week (2) For the purposes of clause (1) (b), if the employee does not have a regular work week or if the employee is paid on a basis other than time, the employer shall pay the employee an amount equal to the average amount of regular wages earned by the employee per week for the weeks in which the employee worked in the period of 12 weeks immediately preceding the day on which notice was given.  2001, c. 9, Sched. I, s. 1 (13). Benefit plan contributions (3) If an employer fails to contribute to a benefit plan contrary to clause (1) (c), an amount equal to the amount the employer should have contributed shall be deemed to be unpaid wages for the purpose of section 103.  2000, c. 41, s. 60 (3). Same (4) Nothing in subsection (3) precludes the employee from an entitlement that he or she may have under a benefit plan.  2000, c. 41, s. 60 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (13) - 4/09/2001
61 (1) An employer may terminate the employment of an employee without notice or with less notice than is required under section 57 or 58 if the employer, (a)  pays to the employee termination pay in a lump sum equal to the amount the employee would have been entitled to receive under section 60 had notice been given in accordance with that section; and (b)  continues to make whatever benefit plan contributions would be required to be made in order to maintain the benefits to which the employee would have been entitled had he or she continued to be employed during the period of notice that he or she would otherwise have been entitled to receive.  2000, c. 41, s. 61 (1); 2001, c. 9, Sched. I, s. 1 (14). No regular work week (1.1) For the purposes of clause (1) (a), if the employee does not have a regular work week or is paid on a basis other than time, the amount the employee would have been entitled to receive under section 60 shall be calculated as if the period of 12 weeks referred to in subsection 60 (2) were the 12-week period immediately preceding the day of termination.  2001, c. 9, Sched. I, s. 1 (15). Information to Director (2) An employer who terminates the employment of employees under this section and would otherwise be required to provide notices of termination under section 58 shall comply with clause 58 (2) (a).  2000, c. 41, s. 61 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (14, 15) - 4/09/2001
62 (1) If an employer terminates the employment of employees without giving them part or all of the period of notice required under this Part, the employees shall be deemed to have been actively employed during the period for which there should have been notice for the purposes of any benefit plan under which entitlement to benefits might be lost or affected if the employees cease to be actively employed.  2000, c. 41, s. 62 (1). Benefit plan contributions (2) If an employer fails to contribute to a benefit plan contrary to clause 61 (1) (b), an amount equal to the amount the employer should have contributed shall be deemed to be unpaid wages for the purpose of section 103.  2000, c. 41, s. 62 (2). Same (3) Nothing in subsection (2) precludes the employee from an entitlement he or she may have under a benefit plan.  2000, c. 41, s. 62 (3). Severance of Employment
63 (1) An employer severs the employment of an employee if, (a)  the employer dismisses the employee or otherwise refuses or is unable to continue employing the employee; (b)  the employer constructively dismisses the employee and the employee resigns from his or her employment in response within a reasonable period; (c)  the employer lays the employee off for 35 weeks or more in any period of 52 consecutive weeks; (d)  the employer lays the employee off because of a permanent discontinuance of all of the employer’s business at an establishment; or (e)  the employer gives the employee notice of termination in accordance with section 57 or 58, the employee gives the employer written notice at least two weeks before resigning and the employee’s notice of resignation is to take effect during the statutory notice period.  2000, c. 41, s. 63 (1); 2002, c. 18, Sched. J, s. 3 (24). Definition (2) In subsections (2.1) to (2.4), “excluded week” means a week during which, for one or more days, the employee is not able to work, is not available for work, is subject to a disciplinary suspension or is not provided with work because of a strike or lock-out occurring at his or her place of employment or elsewhere.  2002, c. 18, Sched. J, s. 3 (25). Lay-off, regular work week (2.1) For the purpose of clause (1) (c), an employee who has a regular work week is laid off for a week if, (a)  in that week, the employee earns less than one-quarter the amount he or she would earn at his or her regular rate in a regular work week; and (b)  the week is not an excluded week.  2002, c. 18, Sched. J, s. 3 (25). Effect of excluded week (2.2) For the purposes of clause (1) (c), an excluded week shall be counted as part of the period of 52 weeks.  2002, c. 18, Sched. J, s. 3 (25). Lay-off, no regular work week (2.3) For the purpose of clause (1) (c), an employee who does not have a regular work week is laid off for 35 or more weeks in any period of 52 consecutive weeks if for 35 or more weeks in any period of 52 consecutive weeks he or she earns less than one-quarter the average amount he or she earned per week in the period of 12 consecutive weeks that preceded the 52-week period.  2002, c. 18, Sched. J, s. 3 (25). Effect of excluded week (2.4) For the purposes of subsection (2.3), (a)  an excluded week shall not be counted as part of the 35 or more weeks, but shall be counted as part of the 52-week period; and (b)  if the 12-week period contains an excluded week, the average amount earned shall be calculated based on the earnings in weeks that were not excluded weeks and the number of weeks that were not excluded.  2002, c. 18, Sched. J, s. 3 (25). Resignation (3) An employee’s employment that is severed under clause (1) (e) shall be deemed to have been severed on the day the employer’s notice of termination would have taken effect if the employee had not resigned.  2000, c. 41, s. 63 (3). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (24, 25) - 26/11/2002
64 (1) An employer who severs an employment relationship with an employee shall pay severance pay to the employee if the employee was employed by the employer for five years or more and, (a)  the severance occurred because of a permanent discontinuance of all or part of the employer’s business at an establishment and the employee is one of 50 or more employees who have their employment relationship severed within a six-month period as a result; or (b)  the employer has a payroll of $2.5 million or more.  2000, c. 41, s. 64 (1). Payroll (2) For the purposes of subsection (1), an employer shall be considered to have a payroll of $2.5 million or more if, (a)  the total wages earned by all of the employer’s employees in the four weeks that ended with the last day of the last pay period completed prior to the severance of an employee’s employment, when multiplied by 13, was $2.5 million or more; or (b)  the total wages earned by all of the employer’s employees in the last or second-last fiscal year of the employer prior to the severance of an employee’s employment was $2.5 million or more.  2000, c. 41, s. 64 (2); 2001, c. 9, Sched. I, s. 1 (16). Exceptions (3) Prescribed employees are not entitled to severance pay under this section.  2000, c. 41, s. 64 (3). Location deemed an establishment (4) A location shall be deemed to be an establishment under subsection (1) if, (a)  there is a permanent discontinuance of all or part of an employer’s business at the location; (b)  the location is part of an establishment consisting of two or more locations; and (c)  the employer severs the employment relationship of 50 or more employees within a six-month period as a result.  2000, c. 41, s. 64 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (16) - 4/09/2001
66 (1) An employer may pay severance pay to an employee who is entitled to it in instalments with the agreement of the employee or the approval of the Director.  2001, c. 9, Sched. I, s. 1 (17). Restriction (2) The period over which instalments can be paid must not exceed three years.  2000, c. 41, s. 66 (2). Default (3) If the employer fails to make an instalment payment, all severance pay not previously paid shall become payable immediately.  2000, c. 41, s. 66 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (17) - 4/09/2001 Election re Recall rights
67 (1) This section applies if an employee who has a right to be recalled for employment under his or her employment contract is entitled to, (a)  termination pay under section 61 because of a lay-off of 35 weeks or more; or (b)  severance pay.  2000, c. 41, s. 67 (1). Exception (2) Clause (1) (b) does not apply if the employer and employee have agreed that the severance pay shall be paid in instalments under section 66.  2000, c. 41, s. 67 (2). Nature of election (3) The employee may elect to be paid the termination pay or severance pay forthwith or to retain the right to be recalled.  2000, c. 41, s. 67 (3). Consistency (4) An employee who is entitled to both termination pay and severance pay shall make the same election in respect of each.  2000, c. 41, s. 67 (4). Deemed abandonment (5) An employee who elects to be paid shall be deemed to have abandoned the right to be recalled.  2000, c. 41, s. 67 (5). Employee not represented by trade union (6) If an employee who is not represented by a trade union elects to retain the right to be recalled or fails to make an election, the employer shall pay the termination pay and severance pay to which the employee is entitled to the Director in trust.  2000, c. 41, s. 67 (6). Employee represented by trade union (7) If an employee who is represented by a trade union elects to retain the right to be recalled or fails to make an election, (a)  the employer and the trade union shall attempt to negotiate an arrangement for holding the money in trust, and, if the negotiations are successful, the money shall be held in trust in accordance with the arrangement agreed upon; and (b)  if the trade union advises the Director and the employer in writing that efforts to negotiate such an arrangement have been unsuccessful, the employer shall pay the termination pay and severance pay to which the employee is entitled to the Director in trust.  2000, c. 41, s. 67 (7). Where employee accepts recall (8) If the employee accepts employment made available under the right of recall, the amount held in trust shall be paid out of trust to the employer and the employee shall be deemed to have abandoned the right to termination pay and severance pay paid into trust.  2000, c. 41, s. 67 (8). Recall rights expired or renounced (9) If the employee renounces the right to be recalled or the right expires, the amount held in trust shall be paid to the employee and, if the right to be recalled had not expired, the employee shall be deemed to have abandoned the right.  2000, c. 41, s. 67 (9). PART XV.1   NON-COMPETE AGREEMENTS
67.1 In this Part, and for the purposes of Part XVIII (Reprisal), section 74.12, Part XXI (Who Enforces this Act and What They Can Do), Part XXII (Complaints and Enforcement), Part XXIII (Reviews by the Board), Part XXIV (Collection), Part XXV (Offences and Prosecutions), Part XXVI (Miscellaneous Evidentiary Provisions) and Part XXVII (Regulations) insofar as matters concerning this Part are concerned, “employee” means an employee as defined in subsection 1 (1) and includes an applicant for employment; (“employé”) “employer” means an employer as defined in subsection 1 (1) and includes a prospective employer; (“employeur”) “non-compete agreement” means an agreement, or any part of an agreement, between an employer and an employee that prohibits the employee from engaging in any business, work, occupation, profession, project or other activity that is in competition with the employer’s business after the employment relationship between the employee and the employer ends. (“clause de non-concurrence”) 2021, c. 35, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 4 - 25/10/2021