5 (1) This Act applies to the following employers, unless a Minister’s regulation specifies otherwise: 1. The Crown in right of Ontario, every agency thereof and every authority, board, commission, corporation, office or organization of persons, a majority of whose directors, members or officers are appointed or chosen by or under the authority of the Lieutenant Governor in Council or a member of the Executive Council. 2. Every board within the meaning of the Education Act. 3. Every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario, whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating annual operating grants and entitlements. 4. Every hospital within the meaning of the Public Hospitals Act and the University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa. 5. Every licensee under the Fixing Long-Term Care Act, 2021, other than a licensee that carries on its activities for the purpose of gain or profit to its members or shareholders. 6. Ornge. 7. Children’s aid societies. 8. Every authority, board, commission, corporation, office or organization of persons, other than one described in paragraphs 1 to 7, that satisfies the following conditions: i. It does not carry on its activities for the purpose of gain or profit to its members or shareholders. ii. In 2018 (or in such later year as may be specified by regulation) it received at least $1,000,000 in funding from the Government of Ontario, as determined for the purposes of the Public Sector Salary Disclosure Act, 1996. 9. Subject to subsection (2), every other authority, board, commission, committee, corporation, council, foundation or organization that may be prescribed by regulation for the purposes of this section. 2019, c. 12, s. 5 (1); 2021, c. 39, Sched. 2, s. 22. Exceptions (2) This Act does not apply to the following employers: 1. A municipality. 2. A local board as defined in subsection 1 (1) of the
Municipal Act, 2001. 3. A local board as defined in subsection 3 (1) of the City of Toronto Act, 2006. 4. Every authority, board, commission, corporation, office or organization of persons, a majority of whose members, directors or officers are appointed or chosen by or under the authority of the council of a municipality. 5. An Indigenous community. 6. Every authority, board, commission, corporation, office or organization of persons, including a council of the band within the meaning of the Indian Act (Canada), a majority of whose members, directors or officers are appointed or chosen by or under the authority of one or more Indigenous communities. 7. A police governing authority referred to in section 54 of the Police Services Act. Note: On the day section 101 of the Community Safety and Policing Act, 2019 comes into force, paragraph 7 of subsection 5 (2) of the Act is repealed and the following substituted: (See: 2019, c. 12, s. 39 (1)) 7. A police governing authority referred to in section 101 of the Community Safety and Policing Act, 2019. Note: On the day section 32 of the Community Safety and Policing Act, 2019 comes into force, subsection 5 (2) of the Act is amended by adding the following paragraph: (See: 2019, c. 12, s. 39 (2)) 7.1 A First Nation board constituted under section 32 of the Community Safety and Policing Act, 2019. Note: On the day section 77 of the Community Safety and Policing Act, 2019 comes into force, subsection 5 (2) of the Act is amended by adding the following paragraph: (See: 2019, c. 12, s. 39 (3)) 7.2 A First Nation O.P.P. board constituted under section 77 of the Community Safety and Policing Act, 2019. 8. Unless otherwise specifically provided for in the regulations, an organization that undertakes its activities for the purpose of profit to its shareholders. 2019, c. 12, s. 5 (2). Definition (3) In this section, “Indigenous community” means a band within the meaning of the Indian Act (Canada) and such other entities as may be prescribed by a Minister’s regulation. 2019, c. 12, s. 5 (3). Section Amendments with date in force (d/m/y) 2019, c. 12, s. 39 (1-3)
- not in force 2021, c. 39, Sched. 2, s. 22 - 11/04/2022