3 (1) Subject to subsections (2) to (5), the employment standards set out in this Act apply with respect to an employee and his or her employer if, (a)  the employee’s work is to be performed in Ontario; or (b)  the employee’s work is to be performed in Ontario and outside Ontario but the work performed outside Ontario is a continuation of work performed in Ontario.  2000, c. 41, s. 3 (1). Exception, federal jurisdiction (2) This Act does not apply with respect to an employee and his or her employer if their employment relationship is within the legislative jurisdiction of the Parliament of Canada.  2000, c. 41, s. 3 (2). Exception, diplomatic personnel (3) This Act does not apply with respect to an employee of an embassy or consulate of a foreign nation and his or her employer.  2000, c. 41, s. 3 (3). (4) Repealed: 2017, c. 22, Sched. 1, s. 2 (1). Other exceptions (5) This Act does not apply with respect to the following individuals and any person for whom such an individual performs work or from whom such an individual receives compensation: 1.  A secondary school student who performs work under a work experience program authorized by the school board that operates the school in which the student is enrolled. 2.  An individual who performs work under a program approved by a college of applied arts and technology or a university. 2.1  An individual who performs work under a program that is approved by a private career college registered under the Private Career Colleges Act, 2005 and that meets such criteria as may be prescribed. Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, paragraph 2.1 of subsection 3 (5) of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 29, s. 11) 2.1  An individual who performs work under a program that is approved by a career college registered under the Ontario Career Colleges Act, 2005 and that meets such criteria as may be prescribed. 3.  A participant in community participation under the Ontario Works Act, 1997. 4.  An individual who is an inmate of a correctional institution within the meaning of the Ministry of Correctional Services Act, is an inmate of a penitentiary, is being held in a detention facility within the meaning of the Police Services Act or is being held in a place of temporary detention or youth custody facility under the Youth Criminal Justice Act (Canada), if the individual participates inside or outside the institution, penitentiary, place or facility in a work project or rehabilitation program. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 of subsection 3 (5) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 1, s. 17 (1)) 4.  An individual who is an inmate of a correctional institution within the meaning of the Ministry of Correctional Services Act, is an inmate of a penitentiary or is being held in a place of temporary detention or youth custody facility under the Youth Criminal Justice Act (Canada), if the individual participates inside or outside the institution, penitentiary or place in a work project or rehabilitation program. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 4 of subsection 3 (5) of the Act is amended by striking out “Ministry of Correctional Services Act” and substituting “Correctional Services and Reintegration Act, 2018”. (See: 2018, c. 6, Sched. 3, s. 8) 5.  An individual who performs work under an order or sentence of a court or as part of an extrajudicial measure under the Youth Criminal Justice Act (Canada). 6.  An individual who performs work in a simulated job or working environment if the primary purpose in placing the individual in the job or environment is his or her rehabilitation. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 6 of subsection 3 (5) of the Act is repealed. (See: 2018, c. 14, Sched. 1, s. 2) 7.  A holder of political, religious or judicial office. 8.  A member of a quasi-judicial tribunal. 9.  A holder of elected office in an organization, including a trade union. 10.  A police officer, except as provided in Part XVI (Lie Detectors) or in a regulation made under clause 141 (2.1) (c). 11.  A director of a corporation, except as provided in Part XX (Liability of Directors), 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), Part XXVII (Regulations) and Part XXVIII (Transition, Amendment, Repeals, Commencement and Short Title). 11.1  If the requirements of subsection (7) are met, a business consultant or an information technology consultant. 12.  Any prescribed individuals.  2000, c. 41, s. 3 (5); 2006, c. 19, Sched. D, s. 7; 2017, c. 22, Sched. 1, s. 2 (2); 2020, c. 3, s. 1; 2022, c. 7, Sched. 2, s. 2 (1). Dual roles (6) Where an individual who performs work or occupies a position described in subsection (5) also performs some other work or occupies some other position and does so as an employee, nothing in subsection (5) precludes the application of this Act to that individual and his or her employer insofar as that other work or position is concerned.  2000, c. 41, s. 3 (6). Business and IT consultants (7) For the purposes of paragraph 11.1 of subsection (5), the following are the requirements that must be met: 1.  The business consultant or information technology consultant provides services through, i.  a corporation of which the consultant is either a director or a shareholder who is a party to a unanimous shareholder agreement, or ii.  a sole proprietorship of which the consultant is the sole proprietor, if the services are provided under a business name of the sole proprietorship that is registered under the Business Names Act. 2.  There is an agreement for the consultant’s services that sets out when the consultant will be paid and the amount the consultant will be paid, which must be equal to or greater than $60 per hour, excluding bonuses, commissions, expenses, travelling allowances and benefits, or such other amount as may be prescribed, and must be expressed as an hourly rate. 3.  The consultant is paid the amount set out in the agreement as required by paragraph 2. 4.  Such other requirements as may be prescribed. 2022, c. 7, Sched. 2, s. 2 (2). Rules re calculation of rate (8) For the purposes of paragraph 2 of subsection (7), such other rules as may be prescribed apply with respect to the calculation of a consultant’s hourly rate or other compensation. 2022, c. 7, Sched. 2, s. 2 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 7 - 22/06/2006 2017, c. 22, Sched. 1, s. 2 (1, 2) - 01/01/2018; 2017, c. 22, Sched. 1, s. 2 (3) - no effect - see 2018, c. 14, Sched. 1, s. 27 (1) - 01/01/2019 2018, c. 3, Sched. 5, s. 19 (1) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019; 2018, c. 6, Sched. 3, s. 8 - not in force; 2018, c. 14, Sched. 1, s. 2 - not in force 2019, c. 1, Sched. 4, s. 17 (1) - not in force 2020, c. 3, s. 1
- 19/03/2020 2022, c. 7, Sched. 2, s. 2 (1, 2) - 01/01/2023 2023, c. 9, Sched. 29, s. 11 - 01/01/2024