Successor employers
13.1(1) This section applies with respect to the following types of services provided at a premises directly or indirectly by or to a building owner or manager: 1. The services must be related to servicing the premises, including providing building cleaning services, food services and security services. 2. The services do not include, i. construction, ii. maintenance other than maintenance activities related to cleaning the premises, or iii. the production of goods other than goods related to the provision of food services at the premises for consumption on the premises. Application (2) This section applies if, on or after October 31, 1995, one employer begins to provide services at a premises replacing another employer who was providing the services. Continuity of employment (3) If the successor employer employs an employee of the previous employer to provide the services and the employee ceases to be employed by the previous employer as a result, (a) the employment of the employee by the previous employer shall be deemed not to be terminated for the purpose determining the previous employer’s obligations under Part XIV; and (b) the employee’s period of employment by the previous employer shall be deemed to have been employment by the successor employer for the purposes of Parts VII, VIII, XI and XIV. Successor employer’s obligation (4) If the successor employer does not employ an employee of the previous employer, the successor employer shall comply with Part XIV in respect of the employee. Attributed employment (5) For the purposes of subsections (3) and (4), the employee’s period of employment by the previous employer includes any period that was attributed to the previous employer under Part XIII.2 before its repeal. Same (6) If the successor employer employs an employee of the previous employer, the previous employer shall pay the employee the amount of any vacation pay accrued in respect of the employee when he or she begins employment with the successor employer. Same (7) The previous employer shall make the payment described in subsection (6) within seven days after the earlier of, (a) the day on which the employee ceases to be employed by the previous employer; and (b) the day on which the previous employer ceases to provide the services at the premises. Information (8) Upon request, an employer providing services at a premises shall give the owner or the manager of the premises such information as may be prescribed about the employees who are providing the services. Same (9) Upon request, the owner or manager of the premises shall give the information referred to in subsection (8) about the employees who are providing the services at the premises on the request date to a person who becomes a successor employer providing the services. Same (10) Upon request, the owner or manager of the premises shall give such information as may be prescribed about the employees who are providing the services at the premises on the request date to a person who may become a successor employer providing the services. Use of information (11) A person to whom information is given under this section shall use the information only for the purpose of complying with this section. Confidentiality (12) A person in possession of information given under this section shall not disclose it except as authorized by this section. Regulations (13) The Lieutenant Governor in Council may make regulations prescribing information for the purposes of subsections (8) and (10). Employment standards officer may make order (14) If a person fails to comply with this section, an employment standards officer may order what action, if any, the person shall take or what the person shall refrain from doing in order to constitute compliance with this section and may order what compensation shall be paid by the person to the Director in trust for other persons. Definition (15) In this section, “successor employer” means the employer who begins to provide services at a premises replacing another employer who was providing the services. 1995, c. 1, s. 72.