jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application of Act
2.(1) Sections 13 and 13.1 and Parts IX, X, XI, XII and XIV apply to the Crown, every agency thereof and any board, commission, authority or corporation that exercises any functions assigned or delegated to it by the Crown. R.S.O. 1990, c. E.14, s. 2 (1); 1995, c. 1, s. 71; 1997, c. 21, s. 3 (1). Idem (2) This Act applies to every contract of employment, oral or written, express or implied, (a) where the employment is for work or services to be performed in Ontario; or (b) where the employment is for work or services to be performed both in and out of Ontario and the work or services out of Ontario are a continuation of the work or services in Ontario. R.S.O. 1990, c. E.14, s. 2 (2). Procedure (3) The Statutory Powers Procedure Act does not apply to the exercise of any power conferred by section 5, 12, 16, 18 or 20, subsection 24 (3), section 29 or 31, subsection 32 (4), section 45, 48, 51 or 65 or subsection 67 (1) or (2) of this Act. R.S.O. 1990, c. E.14, s. 2 (3); 1991, c. 16, s. 1 (1); 1994, c. 27, s. 57 (1). Non-application of the Statutory Powers Procedure Act (4) The Statutory Powers Procedure Act does not apply to the exercise of any power conferred on the Program Administrator under Part XIV.1. Same (5) The Statutory Powers Procedure Act does not apply with respect to a determination by the Board as to whether or not to extend the time for making an application for a review under section 68. 1998, c. 8, s. 25.
Waiver, etc., to be null and void
3.(1) Subject to section 4, no employer, employee, employers’ organization or employees’ organization shall contract out of or waive an employment standard, and any such contracting out or waiver is null and void. R.S.O. 1990, c. E.14, s. 3. Exception (2) A person who receives a benefit under a compromise or settlement described in subsection 65.1 (1) or section 73.0.3 is bound by it if the person required to give the benefit under the compromise or settlement does so. Same (3) A compromise or settlement is not binding if it is entered into as a result of fraud or coercion. 1996, c. 23, s. 2.
Employment standard deemed minimum
4.(1) An employment standard shall be deemed a minimum requirement only. Greater benefit to prevail (2) A right, benefit, term or condition of employment under a contract, oral or written, express or implied, or under any other Act or any schedule, order or regulation made thereunder that provides in favour of an employee a higher remuneration in money, a greater right or benefit or lesser hours of work than the requirement imposed by an employment standard shall prevail over an employment standard. R.S.O. 1990, c. E.14, s. 4.
Provisions of collective agreements
5.(1) Where terms or conditions of employment in a collective agreement as defined in the Labour Relations Act confer a higher remuneration in money or a greater right or benefit for an employee respecting holidays than the provisions of Part VII, the terms or conditions of employment shall prevail. Terms and conditions that are not in collective agreements (2) Where the Director finds that terms or conditions of employment in a contract of employment, oral or written, express or implied, that are not in a collective agreement confer a higher remuneration in money or a greater right or benefit for an employee respecting holidays than the provisions of Part VII, the terms or conditions of employment shall prevail. R.S.O. 1990, c. E.14, s. 5.
Civil remedy not suspended or affected
6.(1) No civil remedy of an employee against his or her employer is suspended or affected by this Act. Notice of proceeding to be given to Director (2) Where an employee initiates a civil proceeding against his or her employer under this Act, notice of the proceeding shall be served on the Director in the prescribed form on the same date the civil proceeding is set down for trial. R.S.O. 1990, c. E.14, s. 6. PART II   GENERAL PROVISIONS
Payment of wages
7.(1) An employer shall pay to an employee, in cash or by cheque, all wages to which an employee is entitled under, (a) an employment standard; or (b) a right, benefit, term or condition of employment under a contract of employment, oral or written, express or implied, that prevails over an employment standard. Place of payment of wages (2) All wages shall be paid at the workplace of the employee, or at a place agreed upon by the employer and the employee. Time of payment of wages (3) All wages due and owing to an employee shall be paid by an employer on the regular pay day of the employee as established by the practice of the employer. R.S.O. 1990, c. E.14, s. 7 (1-3). Payment on termination (4) If an employee is entitled to a payment upon termination of employment, the employer shall make the payment to the employee not later than seven days after the termination. 1996, c. 23, s. 3. (5), (6) REPEALED: 1996, c. 23, s. 3.
No set-off, etc., to be claimed against wages
8.Except as permitted by the regulations, no employer shall claim a set-off against wages, make a claim against wages for liquidated or unliquidated damages or retain, cause to be returned to the employer, or accept, directly or indirectly, any wages payable to an employee. R.S.O. 1990, c. E.14, s. 8. 9.REPEALED: 1991, c. 5, s. 13.
No set-off, etc., to be claimed against wages
9.REPEALED: 1991, c. 5, s. 13.
Statement of wages
10.(1) An employer shall furnish to an employee at the time wages are paid to the employee a statement in writing, which can be retained by the employee, setting forth, (a) the period of time or the work for which the wages are being paid; (b) the rate of wages to which the employee is entitled unless such information is furnished to the employee in some other manner; (c) the amount of the wages to which the employee is entitled; (d) the amount of each deduction from the wages of the employee and the purpose for which each deduction is made; (e) any living allowance or other payment to which the employee is entitled; and (f) the net amount of money being paid to the employee. Statement of vacation pay (2) Unless the information is given to an employee in some other manner, an employer shall furnish to an employee at the time vacation pay is paid to the employee a statement in writing which can be retained by the employee setting forth, (a) the period of time or the work for which the vacation pay is being paid; (b) the amount of the wages upon which the vacation pay is being paid; (c) the amount of each deduction from the vacation pay and its purpose; and (d) the net amount of vacation pay being paid to the employee. R.S.O. 1990, c. E.14, s. 10.
Records
11.(1) An employer shall, (a) make and keep in Ontario or in a place out of Ontario authorized by the Director for a period of twenty-four months after work is performed or services are supplied by an employee complete and accurate records in respect of the employee showing, (i) the employee’s name and address, (ii) the employee’s date of birth, if the employee is a student under eighteen years of age, (iii) the number of hours worked by the employee in each day and week, (iv) the employee’s wage rate and gross earnings, (v) the amount of each deduction from the wages of the employee and the purpose for which each deduction is made, (vi) any living allowance or other payment to which the employee is entitled, (vii) the net amount of money being paid to the employee, and (viii) any documents or certificates relating to pregnancy leave under Part XI; and (b) make and keep in Ontario or in a place out of Ontario authorized by the Director for a period of five years after work is performed by an employee complete and accurate records in respect of the employee showing, (i) the employee’s name and address, (ii) the date of commencement of employment and the anniversary date thereof, and (iii) the employee’s wages during each pay period and the vacations with pay or payment under section 30. Exception (2) Subclause (1) (a) (iii) does not apply in respect of the salaried employees of an employer who perform work of a clerical or administrative nature where the employer makes and keeps a record showing the number of hours worked by such employees in excess of eight hours a day and forty-four hours a week. R.S.O. 1990, c. E.14, s. 11.
Related activities, etc., may be treated as one employer
12.(1) Where, before or after this Act comes into force, associated or related activities, businesses, works, trades, occupations, professions, projects or undertakings are or were carried on by or through more than one corporation, individual, firm, syndicate or association, or any combination thereof, and a person is or was an employee of any of such corporations, individuals, firms, syndicates or associations, or any combination thereof, such corporations, individuals, firms, syndicates or associations, or any combination thereof, shall be treated as one employer for the purposes of this Act, if the intent or effect of the arrangement is to defeat, either directly or indirectly, the true intent and purpose of this Act. Individual liability (2) The corporations, individuals, firms, syndicates or associations treated as one employer shall be jointly and severally liable for any contravention of this Act and the regulations. R.S.O. 1990, c. E.14, s. 12.
Definitions
13.(1) In this section, “business” includes an activity, trade or undertaking, or a part or parts thereof; (“entreprise”) “sells” includes leases, transfers or disposes of in any other manner and “sale” has a corresponding meaning. (“vend”, “vente”) Continuity of employment (2) Where an employer sells a business to a purchaser who employs an employee of the employer, the employment of the employee shall not be terminated by the sale, and the period of employment of the employee with the employer shall be deemed to have been employment with the purchaser for the purposes of Parts VII, VIII, XI and XIV. Part XIV to be complied with (3) Where an employer sells a business to a purchaser who does not employ an employee of the employer, the employer shall comply with Part XIV. R.S.O. 1990, c. E.14, s. 13.
Priority of claims
14.Despite any other Act and except upon a distribution made by a trustee under the Bankruptcy Act (Canada), wages shall have priority to the claims or rights and be paid in priority to the claims or rights, including the claims or rights of the Crown, of all preferred, ordinary or general creditors of the employer to the extent of $2,000 for each employee. R.S.O. 1990, c. E.14, s. 14.
Vacation pay deemed to be held in trust
15.Every employer shall be deemed to hold vacation pay accruing due to an employee in trust for the employee whether or not the amount therefor has in fact been kept separate and apart by the employer and the vacation pay becomes a lien and charge upon the assets of the employer that in the ordinary course of business would be entered in books of account whether so entered or not. R.S.O. 1990, c. E.14, s. 15. PART III   HOMEWORKERS
Application for permit
16.(1) An application for a permit to employ homeworkers shall be made by the employer to the Director. Permit (2) No person shall employ a homeworker without a permit therefor issued by the Director. Terms, conditions, revocation and suspension of permit (3) The Director may, (a) issue a permit on such terms and conditions as the Director considers advisable; (b) revoke or suspend a permit for a breach of a term or condition thereof or where the holder is liable for a contravention of any Act. Register of homeworkers (4) Every employer shall keep a register and enter therein the name and address of every homeworker to whom the employer gives homework, and the wages paid therefor. R.S.O. 1990, c. E.14, s. 16. PART IV   HOURS OF WORK
Maximum working hours
17.Except as otherwise provided in this Part, and subject to any schedule in force under the Industrial Standards Act, the hours of work of an employee shall not exceed eight in the day and forty-eight in the week. R.S.O. 1990, c. E.14, s. 17.
Variation of working day
18.An employer may, with the approval of the Director, and upon such terms and conditions as the Director prescribes, adopt a regular day of work in excess of eight hours but not in excess of twelve hours, provided that the total hours of work of each employee shall not exceed forty-eight hours in a week. R.S.O. 1990, c. E.14, s. 18.
Exceeding maximum in case of accident
19.In case of an accident or in case of work urgently required to be done to machinery or plant, the employer may require the limit of hours of work prescribed by section 17 or approved under section 18 to be exceeded but only so far as may be necessary to avoid serious interference with the ordinary working of the establishment. R.S.O. 1990, c. E.14, s. 19.
Permits for excess hours
20.(1) The Director may issue a permit authorizing hours of work in excess of those prescribed by section 17 or approved under section 18, but the excess hours of work shall not exceed, (a) in the case of an engineer, stoker, full-time maintenance worker, receiver, shipper, delivery truck driver or the driver’s helper, watchman or watchwoman or other person who, in the opinion of the Director, is engaged in a similar occupation, twelve hours in each week for each employee; and (b) in the case of all other employees, 100 hours in each year for each employee. R.S.O. 1990, c. E.14, s. 20 (1); 1993, c. 27, Sched. Idem (2) Where the Director is satisfied that the work or the perishable nature of raw material being processed requires hours of work in excess of those permitted under subsection (1), the Director may issue a permit therefor. Permit does not obligate employee (3) The issuance of a permit under this section does not require an employee to work any hours in excess of those prescribed by section 17 or approved under section 18 without the consent or agreement of the employee or the employee’s agent to hours in excess of eight in the day or forty-eight in the week. Terms and conditions of permit (4) A permit issued under this section shall contain such terms, conditions and limitations as the Director prescribes. R.S.O. 1990, c. E.14, s. 20 (2-4).
Agreements subject to maximums
21.Except as otherwise provided in this Part, no employer may require or permit any employee to work, and no employee may work or agree to work, any hours that exceed the maximum hours established under this Act. R.S.O. 1990, c. E.14, s. 21.
Eating periods
22.Every employer shall provide eating periods of at least one-half hour, or such shorter period as is approved by the Director, at such intervals as will result in no employee working longer than five consecutive hours without an eating period. R.S.O. 1990, c. E.14, s. 22. PART V   MINIMUM WAGES
Statutory agreement for minimum wage
23.Every employer who permits any employee to perform work or supply any services in respect of which a minimum wage is established shall be deemed to have agreed to pay to the employee at least the minimum wage established under this Act. R.S.O. 1990, c. E.14, s. 23. PART VI   OVERTIME PAY
Overtime pay
24.(1) Except as otherwise provided in the regulations, where an employee works for an employer in excess of forty-four hours in any week, the employee shall be paid for each hour worked in excess of forty-four hours overtime pay at an amount not less than one and one-half times the regular rate of the employee. R.S.O. 1990, c. E.14, s. 24 (1); 1996, c. 23, s. 4. Idem (2) In complying with subsection (1), no employer shall reduce the regular rate of wages payable to an employee. Employment standards officer may determine regular rate (3) Where an employer has not made and kept complete and accurate records in respect of an employee pursuant to clause 11 (1) (a), an employment standards officer may determine the regular rate of and the number of hours worked by the employee in each day and week. R.S.O. 1990, c. E.14, s. 24 (2, 3). PART VII   PUBLIC HOLIDAYS
Application
25.(1) This section does not apply to an employee who, (a) is employed for less than three months; (b) has not earned wages on at least twelve days during the four work weeks immediately preceding a public holiday; (c) fails to work his or her scheduled regular day of work preceding or his or her scheduled regular day of work following a public holiday; (d) has agreed to work on a public holiday and who, without reasonable cause, fails to report for and perform the work; or (e) is employed under an arrangement whereby the employee may elect to work or not when requested so to do. R.S.O. 1990, c. E.14, s. 25 (1); 1993, c. 27, Sched. Holiday with pay (2) Subject to subsections (3), (4) and (5), an employer shall give to an employee a holiday on and pay to the employee his or her regular wages for each public holiday. Working day substituted for holiday (3) Where a public holiday falls upon a working day for an employee, an employer may with the agreement of the employee or the employee’s agent substitute another working day for the public holiday which day shall not be later than the next annual vacation of the employee, and the day so substituted shall be deemed to be the public holiday. Holiday that is a non-working day (4) Where a public holiday falls on a non-working day for an employee or in the employee’s vacation, an employer shall, (a) with the agreement of the employee or the employee’s agent pay the employee his or her regular wages for the public holiday; or (b) designate a working day that is not later than the next annual vacation of the employee and the day so designated shall be deemed to be the public holiday. R.S.O. 1990, c. E.14, s. 25 (2-4). Holiday pay (5) Despite subsection (3), where an employee is employed in a hotel, motel, tourist resort, restaurant, tavern, continuous operation or a hospital, and the employee is required to work and works on a public holiday, the employer shall, (a) pay the employee in accordance with subsection 26 (1); or (b) pay the employee for each hour worked on a public holiday an amount not less than the employee’s regular wages and give to the employee a holiday on his or her first working day immediately following his or her next annual vacation or on a working day agreed upon and pay the employee his or her regular wages for that day. R.S.O. 1990, c. E.14, s. 25 (5); 1993, c. 27, Sched. Definitions (6) For the purposes of subsection (5), “continuous operation” means that part of an establishment, industry or service in which in each seven day period operations once commenced normally continue day and night without cessation until the completion of the regularly scheduled operations for that period; (“exploitation à fonctionnement ininterrompu”) “hospital” means a hospital as defined in the Hospital Labour Disputes Arbitration Act. (“hôpital”) R.S.O. 1990, c. E.14, s. 25 (6).
Premium rate for holiday
26.(1) Subject to subsection 25 (5), where an employee works on a public holiday, the employer shall pay to the employee for each hour worked a premium rate of not less than one and one-half times the employee’s regular rate and, where the employee is entitled to the holiday with pay, his or her regular wages in addition thereto. R.S.O. 1990, c. E.14, s. 26 (1). Work on holiday not overtime (2) Where an employee works on a public holiday, the hours the employee works on the public holiday shall not be taken into consideration in calculating any overtime pay to which the employee is entitled for the work week in which the public holiday occurs. R.S.O. 1990, c. E.14, s. 26 (2); 1996, c. 23, s. 5.
Payment for holiday where employment ceases
27.Where the employment of an employee ceases before the day that is substituted, designated or given for the public holiday under subsection 25 (3), clause 25 (4) (b) or clause 25 (5) (b), the employer shall pay to the employee in addition to any other payment to which the employee is entitled upon the ceasing of employment his or her regular wages for that day. R.S.O. 1990, c. E.14, s. 27; 1993, c. 27, Sched. PART VIII   VACATION WITH PAY
Vacations
28.(1) Every employer shall give a vacation of at least two weeks to each employee upon the completion of each 12 months of employment, whether or not the employment was active employment. Vacation pay (2) An employer shall pay vacation pay to an employee entitled to a vacation under subsection (1). Same (3) The vacation pay must be not less than 4 per cent of the wages (excluding vacation pay) earned by the employee during the 12 months for which the vacation is given. 1996, c. 23, s. 6.
When vacation to be taken
29.(1) The employer shall determine the period when an employee may take the vacation to which he or she is entitled under section 28, which may be a two-week period or two periods of one week each, but in any case the employee shall be given his or her vacation not later than ten months after the end of the twelve-month period for which the vacation was given. Director may require employer to pay (2) Despite subsection (1) and subsection 7 (3), the Director may require an employer to pay to an employee at any time the vacation pay to which the employee is entitled under section 28. Idem (3) Subsection (2) applies even if there is a strike or lock-out as a result of a labour dispute. R.S.O. 1990, c. E.14, s. 29.
Vacation pay
30.Where the employment of an employee ceases before the completion of a twelve-month period of employment or the employee has not been given a vacation with pay under section 28, the employer shall pay to the employee an amount equal to 4 per cent of the wages of the employee in any twelve-month period or periods or part thereof and in calculating wages no account shall be taken of any vacation pay previously paid. R.S.O. 1990, c. E.14, s. 30; 1993, c. 27, Sched.
Agreements respecting vacation or vacation pay
31.Any agreement between an employer and an employee or employees or his, her or their agent respecting the method of providing funds for paying vacation pay, or payment in lieu of vacation, or of any arrangements for the taking of vacation, is subject to the approval of the Director. R.S.O. 1990, c. E.14, s. 31. PART IX   EQUAL PAY FOR EQUAL WORK
Equal pay for equal work
32.(1) No employer or person acting on behalf of an employer shall differentiate between male and female employees by paying a female employee at a rate of pay less than the rate of pay paid to a male employee, or vice versa, for substantially the same kind of work performed in the same establishment, the performance of which requires substantially the same skill, effort and responsibility and which is performed under similar working conditions, except where such payment is made pursuant to, (a) a seniority system; (b) a merit system; (c) a system that measures earnings by quantity or quality of production; or (d) a differential based on any factor other than sex. Pay not to be reduced (2) No employer shall reduce the rate of pay of an employee in order to comply with subsection (1). Employer not to be requested to contravene subs. (1) (3) No organization of employers or employees or its agents shall cause or attempt to cause an employer to agree to or to pay to the employees rates of pay that are in contravention of subsection (1). Determination by employment standards officer (4) Where an employment standards officer finds that an employer has failed to comply with subsection (1), the employment standards officer may determine the amount of money owing to an employee because of such non-compliance, and such amount shall be deemed to be unpaid wages. R.S.O. 1990, c. E.14, s. 32. PART X   BENEFIT PLANS
Definitions
34.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; (“parent”) “parental leave” means a leave of absence under subsection 38 (1); (“congé parental”) “pregnancy leave” means a leave of absence under subsection 35 (1). (“congé de maternité”) R.S.O. 1990, c. E.14, s. 34; 1996, c. 23, s. 7.
Pregnancy leave
35.(1) A pregnant employee who started employment with her employer at least thirteen weeks before the expected birth date is entitled to a leave of absence without pay. R.S.O. 1990, c. E.14, s. 35 (1); 1993, c. 27, Sched. When leave may begin (2) An employee may begin pregnancy leave no earlier than seventeen weeks before the expected birth date. Notice (3) The employee must give the employer, (a) at least two weeks written notice of the date the leave is to begin; and (b) a certificate from a legally qualified medical practitioner stating the expected birth date. R.S.O. 1990, c. E.14, s. 35 (2, 3).
Special circumstances
36.(1) Subsection 35 (3) does not apply in the case of an employee who stops working because of complications caused by her pregnancy or because of a birth, still-birth or miscarriage that happens earlier than the employee was expected to give birth. Notice in special circumstances (2) An employee described in subsection (1) must, within two weeks of stopping work, give the employer, (a) written notice of the date the pregnancy leave began or is to begin; and (b) a certificate from a legally qualified medical practitioner that, (i) in the case of an employee who stops working because of complications caused by her pregnancy, states the employee is unable to perform her duties because of complications caused by her pregnancy and states the expected birth date, or (ii) in any other case, states the date of the birth, still-birth or miscarriage and the date the employee was expected to give birth. R.S.O. 1990, c. E.14, s. 36.
End of pregnancy leave if parental leave available
37.(1) The pregnancy leave of an employee who is entitled to take parental leave ends seventeen weeks after the pregnancy leave began. End of pregnancy leave if parental leave not available (2) The pregnancy leave of an employee who is not entitled to take parental leave ends on the later of the day that is seventeen weeks after the pregnancy leave began or the day that is six weeks after the birth, still-birth or miscarriage. End of pregnancy leave on employee notice (3) The pregnancy leave of an employee ends on a day earlier than the day provided for in subsection (1) or (2) if the employee gives the employer at least four weeks written notice of that day. R.S.O. 1990, c. E.14, s. 37.
Parental leave
38.(1) An employee who has been employed by his or her employer for at least thirteen weeks and who is the parent of a child is entitled to a leave of absence without pay following, (a) the birth of the child; or (b) the coming of the child into the custody, care and control of a parent for the first time. R.S.O. 1990, c. E.14, s. 38 (1); 1993, c. 27, Sched.; 1996, c. 23, s. 8 (1). Restriction on when leave may begin (2) Parental leave may begin no more than thirty-five weeks after the day the child is born or comes into the custody, care and control of a parent for the first time. R.S.O. 1990, c. E.14, s. 38 (2); 1996, c. 23, s. 8 (2). Birth, etc., after Dec. 30, 2000 (2.1) Despite subsection (2), an employee may, if the child in respect of which the employee wishes to take parental leave was born or came into the employee’s custody, care and control for the first time on or after December 31, 2000, begin parental leave no more than 52 weeks after the day the child was born or came into the custody, care and control of the parent for the first time. 2000, c. 41, s. 143 (1). When mother’s parental leave may begin (3) The parental leave of an employee who takes a pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the custody, care and control of a parent for the first time. R.S.O. 1990, c. E.14, s. 38 (3); 1996, c. 23, s. 8 (3). Notice (4) The employee must give the employer at least two weeks written notice of the date the leave is to begin. R.S.O. 1990, c. E.14, s. 38 (4).
Special circumstances
39.(1) Subsection 38 (4) does not apply in the case of an employee who is the parent of a child and who stops working because the child comes into the custody, care and control of a parent for the first time sooner than expected. R.S.O. 1990, c. E.14, s. 39 (1); 1996, c. 23, s. 9. When leave in special circumstances begins (2) The parental leave of an employee described in subsection (1) begins on the day the employee stops working. Notice (3) An employee described in subsection (1) must give the employer written notice that the employee wishes to take leave within two weeks after the employee stops working. R.S.O. 1990, c. E.14, s. 39 (2, 3).
End of parental leave
40.(1) Parental leave ends eighteen weeks after it began or on an earlier day if the employee gives the employer at least four weeks written notice of that day. R.S.O. 1990, c. E.14, s. 40. Birth, etc., after Dec. 30, 2000 (2) Despite subsection (1) and section 41, an employee may, if the child in respect of which the employee takes parental leave was born or came into the employee’s custody, care and control for the first time on or after December 31, 2000, extend the leave without notice to the employee’s employer, (a) if the employee took pregnancy leave, to the day that is 35 weeks after the parental leave began; or (b) if the employee did not take pregnancy leave, to the day that is 37 weeks after the parental leave began. 2000, c. 41, s. 143 (2).
Change of notice to begin leave
41.(1) An employee who has given notice to begin pregnancy leave or parental leave may change the notice, (a) to an earlier date if the employee gives the employer at least two weeks written notice before the earlier date; or (b) to a later date if the employee gives the employer at least two weeks written notice before the date leave was to begin. Change of notice to end leave (2) An employee who has given notice to end leave may change the notice, (a) to an earlier date if the employee gives the employer at least four weeks written notice before the earlier date; or (b) to a later date if the employee gives the employer at least four weeks written notice before the date leave was to end. R.S.O. 1990, c. E.14, s. 41.
Rights during leave
42.(1) During pregnancy leave or parental leave, 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. Benefit plans (2) For the purpose of subsection (1), the types of plans are pension plans, life insurance plans, accidental death plans, extended health plans, dental plans and any other types of benefit plans that are prescribed. Employer contributions (3) During an employee’s pregnancy leave or parental leave, 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. R.S.O. 1990, c. E.14, s. 42 (1-3). Length of employment (4) The period of an employee’s pregnancy leave or parental leave is included in any calculation of his or her length of employment (whether or not it is active employment), length of service (whether or not it is active service) or seniority, for the purpose of determining whether he or she has a right under a contract of employment. Exception (5) The period of an employee’s pregnancy leave or parental leave is not included when determining whether the employee has completed any probationary period of employment. 1996, c. 23, s. 10.
Reinstatement
43.(1) The employer of an employee who has taken pregnancy leave or parental leave shall reinstate the employee when the leave ends to the position the employee most recently held with the employer, if it still exists, or to a comparable position, if it does not. Reinstatement where employer’s operations have been suspended, etc. (2) If the employer’s operations were suspended or discontinued while the employee was on leave and have not resumed when the leave ends, the employer shall reinstate the employee, when the operations resume, in accordance with the employer’s seniority system or practice, if any. Wages (3) The employer shall pay a reinstated employee wages that are at least equal to the greater of, (a) the wages the employee was most recently paid by the employer; or (b) the wages that the employee would be earning had the employee worked throughout the leave. R.S.O. 1990, c. E.14, s. 43.
No discipline, etc., because of leave
44.An employer shall not intimidate, discipline, suspend, lay off, dismiss or impose a penalty on an employee because the employee is or will become eligible to take, intends to take or takes pregnancy leave or parental leave. R.S.O. 1990, c. E.14, s. 44.
Employment standards officer may make order
45.Where an employer fails to comply with the provisions of this Part, an employment standards officer may order what action, if any, the employer shall take or what the employer shall refrain from doing in order to constitute compliance with this Part and may order what compensation shall be paid by the employer to the Director in trust for the employee. R.S.O. 1990, c. E.14, s. 45. PART XII   LIE DETECTOR TESTS
Definitions
46.For the purposes of this Part, “employee” means an employee as defined in section 1 and includes an applicant for employment, a member of a police force and a person who is an applicant to be a member of a police force; (“employé”) “employer” means an employer as defined in section 1 and includes a prospective employer and a police governing body; (“employeur”) “lie detector test” means an analysis, examination, interrogation or test taken or performed by means of or in conjunction with a device, instrument or machine, whether mechanical, electrical, electromagnetic, electronic or otherwise, and that is taken or performed for the purpose of assessing or purporting to assess the credibility of a person. (“analyse-vérité”) R.S.O. 1990, c. E.14, s. 46; 1993, c. 27, Sched.
Right to refuse test
47.(1) An employee has a right not to take or be asked or required to take or submit to a lie detector test. Lie detector test prohibited (2) No person shall require, request, enable or influence directly or indirectly an employee to take or submit to a lie detector test. Non-disclosure of test results (3) No person shall communicate or disclose to an employer that an employee has taken a lie detector test, or communicate or disclose to an employer the results of a lie detector test. R.S.O. 1990, c. E.14, s. 47.
Order of employment standards officer
48.Where an employer contravenes a provision of this Part, an employment standards officer may order what action, if any, the employer shall take or what the employer shall refrain from doing in order to constitute compliance with this Part and may make an order to reinstate in employment or to hire the employee concerned, with or without compensation, or to compensate the employee in lieu of reinstatement or hiring for loss of earnings or other employment benefits. 1993, c. 27, s. 4 (1).
Exception
49.Nothing in this Part shall apply so as to prevent a person from consenting to take and taking a lie detector test administered on behalf of a police force in Ontario or by a member of a police force in Ontario in the course of the investigation of an offence. R.S.O. 1990, c. E.14, s. 49. PART XIII   RETAIL BUSINESS ESTABLISHMENTS
Application
50.(1) This Part applies with respect to retail business establishments as defined in subsection 1 (1) of the Retail Business Holidays Act to the employees and employers in those establishments and to persons acting on behalf of those employers. Non-application (2) This Part does not apply with respect to retail business establishments in which the primary retail business is one, (a) that sells prepared meals; (b) that rents living accommodations; (c) that is open to the public for educational, recreational or amusement purposes; or (d) that sells goods or services incidental to a business described in clause (a), (b) or (c) and that is located in the same premises as the business. 1991, c. 43, s. 2 (1).
Period of rest
50.1In every seven-day period, an employer shall allow each employee at least thirty-six consecutive hours of rest. 1991, c. 43, s. 2 (1).
Right to refuse work
50.2(1) An employee may refuse an assignment of work on,  (a) a Sunday; (b) New Year’s Day; (c) Good Friday; (d) Victoria Day; (e) Canada Day; (f) Labour Day; (g) Thanksgiving Day; (h) Christmas Day; (i) December 26; or (j) any public holiday declared by proclamation of the Lieutenant Governor to be a holiday for the purposes of the Retail Business Holidays Act. Notice of refusal (2) An employee who accepts an assignment of work on a day listed in subsection (1) may then refuse the assignment only upon giving the employer notice at least 48 hours before the first hour of the work on that day. 1996, c. 34, s. 3.
Prohibition
50.3No employer or person acting on behalf of an employer shall dismiss, threaten to dismiss, discipline, suspend, lay off, intimidate, coerce or impose a penalty on an employee, (a) because the employee has refused, or attempted to refuse, an assignment of work if the employee is permitted to do so under section 50.2; (b) because the employee seeks to enforce his or her rights under this Part; or (c) because the employee, (i) makes representations in respect of a proposed by-law under section 4 of the Retail Business Holidays Act at a public meeting under that section, (ii) commences or participates in an appeal to the Ontario Municipal Board of a by-law made under section 4 of the Retail Business Holidays Act, or (iii) commences or participates in a challenge in any court to a by-law made under section 4 of the Retail Business Holidays Act. 1991, c. 43, s. 2 (1); 1996, c. 34, s. 4.
Order by E.S.O.
51.(1) If an employer fails to comply with section 50.1 or contravenes section 50.3, an employment standards officer may order what action, if any, the employer shall take or what the employer shall refrain from doing in order to constitute compliance with the section and may make an order to reinstate or recall the employee with or without compensation or to compensate the employee in lieu of reinstatement or recall for loss of earnings or other employment benefits. 1993, c. 27, s. 4 (2). Compensation (2) When ordering the employer to compensate the employee, the employment standards officer shall determine the amount of the compensation. 1991, c. 43, s. 2 (1). 52.-56.REPEALED: 1991, c. 43, s. 2 (1). PART XIII.1   COURT ORDERED PAYMENTS AND GARNISHMENT
Compensation
52.-56.REPEALED: 1991, c. 43, s. 2 (1). PART XIII.1   COURT ORDERED PAYMENTS AND GARNISHMENT
Prohibition
56.1No employer or person acting on behalf of an employer shall, (a) dismiss or threaten to dismiss an employee; (b) discipline or suspend an employee; (c) impose any penalty on an employee; or (d) intimidate or coerce an employee, because the employer is or may be required because of a court order or garnishment to pay to a third party any amount owing by the employer to the employee. 1991, c. 5, s. 14.
Employment standards officer may make order
56.2Where an employer contravenes section 56.1, an employment standards officer may order what action, if any, the employer shall take or what the employer shall refrain from doing in order to constitute compliance with section 56.1 and may make an order to reinstate in employment the employee concerned, with or without compensation, or to compensate the employee in lieu of reinstatement for loss of earnings or other employment benefits. 1993, c. 27, s. 4 (3). PART XIII.2 (ss. 56.3-56.12) Repealed: 1995, c. 1, s. 73. PART XIV   TERMINATION OF EMPLOYMENT
Employment standards officer may make order
PART XIII.2 (ss. 56.3-56.12) Repealed: 1995, c. 1, s. 73. PART XIV   TERMINATION OF EMPLOYMENT
Program discontinued
58.1The Employee Wage Protection Program is discontinued on the day that subsection 3 (3) of the Public Sector Transition Stability Act, 1997 comes into force. 1997, c. 21, s. 3 (3).
Continued application of old Part
58.2(1) Despite section 58.1, Part XIV.1 and the regulations relating to that Part, as that Part and the regulations read immediately before the Program is discontinued, continue to apply with respect to wages that become due and owing before the Program is discontinued. 1997, c. 21, s. 3 (3). Modifications to certain references (2) For the purposes of this section, the following apply with respect to Part XIV.1 and the regulations relating to that Part, as that Part and the regulations read immediately before the Program is discontinued: 1. Provisions with references relating to adjudicators acting under section 67 (as that section read immediately before the Program is discontinued) or referees acting under section 68 (as that section read immediately before the Program is discontinued) shall also apply, with necessary modifications, as though those references related to the Board acting under section 68. 2. Provisions with references relating to referees acting under section 69 (as that section read immediately before the Program is discontinued) shall also apply, with necessary modifications, as though those references related to the Board acting under section 69. 1998, c. 8, s. 26.
Program Administrator continues
58.3The Program Administrator appointed under subsection 58.2 (1) as it read immediately before the Program is discontinued shall continue in office for the purposes of section 58.2. 1997, c. 21, s. 3 (3).
Continued powers of collectors
58.4Section 73.0.2 applies with respect to the powers of the Program Administrator under section 58.14 as it read immediately before the Program is discontinued. 1997, c. 21, s. 3 (3). 58.5-58.18Repealed: 1997, c. 21, s. 3 (3). PART XIV.2   LIABILITY OF DIRECTORS
Continued powers of collectors
58.5-58.18Repealed: 1997, c. 21, s. 3 (3). PART XIV.2   LIABILITY OF DIRECTORS
Definition
58.19(1) In this Part, “director” means a director of a corporation and includes a shareholder who is a party to a unanimous shareholder agreement. Application (2) This Part applies to shareholders described in subsection (1) 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. Idem (3) This Part does not apply to directors of corporations to which Part III of the Corporations Act applies or to which the Co-operative Corporations Act applies. Idem (4) This Part does not apply 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. Idem (5) This Part does not apply to directors of corporations, (a) that have been incorporated in another jurisdiction; (b) that have objects that are similar to the objects of those types of corporations referred to in subsection (3); and (c) that are carried on without the purpose of gain. 1991, c. 16, s. 6.
Liability for settlements
58.21(1) Directors are liable to the Program Administrator of the Employee Wage Protection Program for compensation awarded under section 58.7, as it read immediately before subsection 3 (3) of the Public Sector Transition Stability Act, 1997 came into force, to the extent and in the circumstances described in this section. 1997, c. 21, s. 3 (4). Idem (2) A director shall be liable for wages, as described in subsection 58.20 (3), to the extent of the settlement or compromise unless, (a) at the time of or after the settlement or compromise, the employer becomes insolvent and the director knew or ought to have known of the insolvency when the settlement or compromise was agreed to; or (b) the settlement or compromise was made as the result of fraud or coercion on the part of the employer and the director knew or ought to have known of it. Determination of liability (3) A director shall only be held liable for an amount in excess of the settlement or compromise when, on the grounds set out in subsection (2), an employment standards officer makes an order assessing such greater amount. Maximum liability (4) Nothing in this section increases the maximum liability of a director under this Act beyond the amounts set out in subsections 58.20 (7) and (8). 1991, c. 16, s. 6.
Orders: when order against employer
58.22 (1) If an employment standards officer makes an order against an employer under section 65 that wages be paid, he or she may make an order to pay wages, as described in subsection 58.20 (3), against some or all of the directors of the employer and may serve a copy of the order on them together with a copy of the order to pay against the employer. 1991, c. 16, s. 6. (2)-(4) REPEALED: 1998, c. 8, s. 28 (1). Effect of order (5) 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. Orders: insolvent employer (6) 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 as described in subsection 58.20 (3) against some or all of the directors and shall serve it on them. 1991, c. 16, s. 6. Procedure (7) Subsection (5) applies with necessary modifications to an order made under subsection (6). 1998, c. 8, s. 28 (2). Maximum liability (8) Nothing in this section increases the maximum liability of a director beyond the amounts set out in subsections 58.20 (7) and (8). 1991, c. 16, s. 6.
Orders after order against employer
58.23(1) An employment standards officer may make an order to pay wages as described in subsection 58.20 (3) against some or all of the directors of an employer who were not the subject of an order under subsection 58.22 (1) or (6), and may serve it on them, (a) after an employment standards officer has made an order against the employer under section 65 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 58.22 (1) or (6) and the amount has not been paid and the employer or the directors have not applied to have it reviewed; (c) after an adjudicator or referee described in subsection (2) has made, amended or affirmed an order if the order, as made, amended or affirmed, orders that the employer is liable for wages or that the directors are liable for wages and the amount set out in the order has not been paid; or (d) after the Board has issued, amended or affirmed an order under section 68 or 69 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. 1991, c. 16, s. 6; 1998, c. 8, s. 29 (1). Adjudicators and referees (2) The following apply with respect to clause (1) (c): 1. An adjudicator referred to in clause (1) (c) is an adjudicator acting under subsection 67 (3) as it read before section 38 of the Economic Development and Workplace Democracy Act, 1998 came into force including an adjudicator acting under that subsection as it is continued under section 48 of the Economic Development and Workplace Democracy Act, 1998. 2. A referee referred to in clause (1) (c) is a referee acting under section 68 as it read before section 39 of the Economic Development and Workplace Democracy Act, 1998 came into force or section 69 as it read before section 40 of the Economic Development and Workplace Democracy Act, 1998 came into force, including a referee acting under either of those sections as they are continued under section 48 of the Economic Development and Workplace Democracy Act, 1998. 1998, c. 8, s. 29 (2). (3)-(8) REPEALED: 1998, c. 8, s. 29 (2).
Payment to Director
58.24 At the discretion of the Director, a director who is subject to an order under section 58.22 or 58.23 may be ordered to pay the wages in trust to the Director. 1991, c. 16, s. 6.