Employment Standards Act, 2000

part i definitions

1 (1) In this Act, “agent” includes a trade union that represents an employee in collective bargaining; (“mandataire”) “alternative vacation entitlement year” means, with respect to an employee, a recurring 12-month period that begins on a date chosen by the employer, other than the first day of the employee’s employment; (“année de référence différente”) “arbitrator” includes, (a) a board of arbitration, and (b) the Board, when it is acting under section 133 of the Labour Relations Act, 1995; (“arbitre”) “assignment employee” means an employee employed by a temporary help agency for the purpose of being assigned to perform work on a temporary basis for clients of the agency; (“employé ponctuel”) “benefit plan” means a benefit plan provided for an employee by or through his or her employer; (“régime d’avantages sociaux”) “Board” means the Ontario Labour Relations Board; (“Commission”) “b…

Part II Information Concerning Rights and Obligations

2 (1) The Director shall prepare and publish a poster providing such information about this Act and the regulations as the Director considers appropriate. 2004, c. 21, s. 1; 2019, c. 4, Sched. 9, s. 2 (1). If poster not up to date (2) If the Director believes that the poster prepared under subsection (1) has become out of date, he or she shall prepare and publish a new poster. 2004, c. 21, s. 1; 2019, c. 4, Sched. 9, s. 2 (1). (3), (4) Repealed: 2019, c. 4, Sched. 9, s. 2 (2). Copy of poster to be provided (5) Every employer shall provide each of his or her employees with a copy of the most recent poster published by the Director under this section. 2014, c. 10, Sched. 2, s. 1 (2); 2019, c. 4, Sched. 9, s. 2 (1). Same – translation (6) If an employee requests a translation of the poster into a language other than English, the employer shall make enquiries as to whether the Director has p…

PART IIi HOW THIS ACT APPLIES

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…

3.1 This Act binds the Crown. 2017, c. 22, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 3 - 01/01/2018

4 (1) Subsection (2) applies if associated or related activities or businesses are or were carried on by or through an employer and one or more other persons. 2017, c. 22, Sched. 1, s. 4 (1). Same (2) The employer and the other person or persons described in subsection (1) shall all be treated as one employer for the purposes of this Act. 2000, c. 41, s. 4 (2). Businesses need not be carried on at same time (3) Subsection (2) applies even if the activities or businesses are not carried on at the same time. 2000, c. 41, s. 4 (3). Exception, individuals (4) Subsection (2) does not apply with respect to a corporation and an individual who is a shareholder of the corporation unless the individual is a member of a partnership and the shares are held for the purposes of the partnership. 2000, c. 41, s. 4 (4). Exception, Crown (4.1) Subsection (2) does not apply to the Crown, a Crown agency or …

5 (1) Subject to subsection (2), no employer or agent of an employer and no employee or agent of an employee shall contract out of or waive an employment standard and any such contracting out or waiver is void. 2000, c. 41, s. 5 (1). Greater contractual or statutory right (2) If one or more provisions in an employment contract or in another Act that directly relate to the same subject matter as an employment standard provide a greater benefit to an employee than the employment standard, the provision or provisions in the contract or Act apply and the employment standard does not apply. 2000, c. 41, s. 5 (2).

5.1 (1) An employer shall not treat, for the purposes of this Act, a person who is an employee of the employer as if the person were not an employee under this Act. 2017, c. 22, Sched. 1, s. 5. (2) Repealed: 2018, c. 14, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 5 - 27/11/2017 2018, c. 14, Sched. 1, s. 3 - 01/01/2019

6 A settlement made on an employee’s behalf by a trade union that represents the employee is binding on the employee. 2000, c. 41, s. 6.

7 An agreement or authorization that may lawfully be made or given by an employee under this Act may be made or given by his or her agent and is binding on the employee as if it had been made or given by the employee. 2000, c. 41, s. 7.

8 (1) Subject to section 97, no civil remedy of an employee against his or her employer is affected by this Act. 2000, c. 41, s. 8 (1). Notice (2) Where an employee commences a civil proceeding against his or her employer under this Act, notice of the proceeding shall be served on the Director on a form approved by the Director on or before the date the civil proceeding is set down for trial. 2000, c. 41, s. 8 (2). Service of notice (3) The notice shall be served on the Director, (a) by being delivered to the Director’s office on a day and at a time when it is open; (b) by being mailed to the Director’s office using a method of mail delivery that allows delivery to be verified; or (c) by being sent to the Director’s office by fax or email. 2009, c. 9, s. 1. When service effective (4) Service under subsection (3) shall be deemed to be effected, (a) in the case of service under clause (3) …

PART III.1 JOB POSTINGS

8.1 In this Part, and for the purposes of 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, “artificial intelligence” has the meaning set out in the regulations; (“intelligence artificielle”) “employer” means an employer as defined in subsection 1 (1) and includes a prospective employer; (“employeur”) “job posting platform” means an online platform that displays publicly advertised job postings but does not include, (a) an online platform operated by an employer that only advertises publicly advertised job postings for positions with the employer, or (b) an online platform that meets such criteria as may be prescribed…

8.2 (1) Every employer who advertises a publicly advertised job posting shall include in the posting information about the expected compensation for the position or the range of expected compensation for the position. 2024, c. 3, Sched. 2, s. 2 (1). Exception (2) Subsection (1) does not apply to a publicly advertised job posting that meets such criteria as may be prescribed. 2024, c. 3, Sched. 2, s. 2 (1). Range of expected compensation (3) For the purposes of subsection (1), a range of expected compensation is subject to such conditions, limitations, restrictions or requirements as may be prescribed. 2024, c. 3, Sched. 2, s. 2 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, section 8.2 of the Act is repealed. (See: 2024, c. 3, Sched. 2, s. 2 (2)) Section Amendments with date in force (d/m/y) 2024, c. 3, Sched. 2, s. 2 (1) - 01/01/2026; 2024, c. 3, Sched. 2, s…

8.3 (1) No employer who advertises a publicly advertised job posting shall include in the posting or in any associated application form any requirements related to Canadian experience. 2024, c. 3, Sched. 2, s. 2 (1). Exception (2) Subsection (1) does not apply to a publicly advertised job posting that meets such criteria as may be prescribed. 2024, c. 3, Sched. 2, s. 2 (1). Section Amendments with date in force (d/m/y) 2024, c. 3, Sched. 2, s. 2 (1) - 01/01/2026

8.4 (1) Every employer who advertises a publicly advertised job posting and who uses artificial intelligence to screen, assess or select applicants for the position shall include in the posting a statement disclosing the use of the artificial intelligence. 2024, c. 3, Sched. 2, s. 2 (1). Exception (2) Subsection (1) does not apply to a publicly advertised job posting that meets such criteria as may be prescribed. 2024, c. 3, Sched. 2, s. 2 (1). Section Amendments with date in force (d/m/y) 2024, c. 3, Sched. 2, s. 2 (1) - 01/01/2026

8.5 (1) Every employer who advertises a publicly advertised job posting shall include in the posting, (a) a statement disclosing whether the posting is for an existing vacancy or not; and (b) such other information as may be prescribed. 2024, c. 19, Sched. 2, s. 1. Exception (2) Subsection (1) does not apply to a publicly advertised job posting that meets such criteria as may be prescribed. 2024, c. 19, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2024, c. 19, Sched. 2, s. 1 - 01/01/2026

8.6 If an employer interviews an applicant for a publicly advertised job posting, the employer shall, within the prescribed time period, provide the applicant with the prescribed information. 2024, c. 19, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2024, c. 19, Sched. 2, s. 1 - 01/01/2026

8.7 (1) A person who operates a job posting platform shall ensure it has a mechanism or procedure in place for users of the job posting platform to report fraudulent publicly advertised job postings to the person operating the job posting platform and shall display the mechanism or procedure in a conspicuous place on the job posting platform where it is likely to come to the attention of the users of the job posting platform. 2025, c. 13, Sched. 2, s. 2. Policy on fraudulent publicly advertised job postings (2) A person who operates a job posting platform shall have a written policy with respect to fraudulent publicly advertised job postings, which shall include, (a) information about how the person will address fraudulent publicly advertised job postings; and (b) any other prescribed information. 2025, c. 13, Sched. 2, s. 2. Posting (3) A person who operates a job posting platform shall…

part iV continuity of employment

9 (1) If an employer sells a business or a part of a business and the purchaser employs an employee of the seller, the employment of the employee shall be deemed not to have been terminated or severed for the purposes of this Act and his or her employment with the seller shall be deemed to have been employment with the purchaser for the purpose of any subsequent calculation of the employee’s length or period of employment. 2000, c. 41, s. 9 (1). Exception (2) Subsection (1) does not apply if the day on which the purchaser hires the employee is more than 13 weeks after the earlier of his or her last day of employment with the seller and the day of the sale. 2000, c. 41, s. 9 (2). Definitions (3) In this section, “sells” includes leases, transfers or disposes of in any other manner, and “sale” has a corresponding meaning. 2000, c. 41, s. 9 (3). Predecessor Acts (4) For the purposes of subs…

10 (1) This section applies if the building services provider for a building is replaced by a new provider and an employee of the replaced provider is employed by the new provider. 2000, c. 41, s. 10 (1). No termination or severance (2) The employment of the employee shall be deemed not to have been terminated or severed for the purposes of this Act and his or her employment with the replaced provider shall be deemed to have been employment with the new provider for the purpose of any subsequent calculation of the employee’s length or period of employment. 2000, c. 41, s. 10 (2). Exception (3) Subsection (2) does not apply if the day on which the new provider hires the employee is more than 13 weeks after the earlier of his or her last day of employment with the replaced provider and the day on which the new provider began servicing the premises. 2000, c. 41, s. 10 (3). Predecessor Acts …

PART v PAYMENT OF WAGES

11 (1) An employer shall establish a recurring pay period and a recurring pay day and shall pay all wages earned during each pay period, other than accruing vacation pay, no later than the pay day for that period. 2000, c. 41, s. 11 (1). Method of payment (2) An employer shall pay an employee’s wages, (a) by cash; (b) by cheque payable only to the employee; (c) by direct deposit in accordance with subsection (4); or (d) by any other prescribed method of payment. 2017, c. 22, Sched. 1, s. 6. Place of payment by cash or cheque (3) If payment is made by cash or cheque, the employer shall ensure that the cash or cheque is given to the employee at his or her workplace or at some other place agreeable to the employee. 2000, c. 41, s. 11 (3). Direct deposit (4) An employer may pay an employee’s wages by direct deposit into an account of a financial institution if, (a) the account is selected by…

12 (1) On or before an employee’s pay day, the employer shall give to the employee a written statement setting out, (a) the pay period for which the wages are being paid; (b) the wage rate, if there is one; (c) the gross amount of wages and, unless the information is provided to the employee in some other manner, how that amount was calculated; (d) Repealed: 2002, c. 18, Sched. J, s. 3 (3). (e) the amount and purpose of each deduction from wages; (f) any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and (g) the net amount of wages being paid to the employee. 2001, c. 9, Sched. I, s. 1 (2); 2002, c. 18, Sched. J, s. 3 (3). (2) Repealed: 2002, c. 18, Sched. J, s. 3 (4). Electronic copies (3) The statement may be provided to the employee by electronic mail rather than in writing if the employee has access to a means of making …

12.1 On or before the day on which the employer is required to pay wages under subsection 11 (5), the employer shall provide the employee with a written statement setting out, (a) the gross amount of any termination pay or severance pay being paid to the employee; (b) the gross amount of any vacation pay being paid to the employee; (c) unless the information is provided to the employee in some other manner, how the amounts referred to in clauses (a) and (b) were calculated; (d) the pay period for which any wages other than wages described in clauses (a) or (b) are being paid; (e) the wage rate, if there is one; (f) the gross amount of any wages referred to in clause (d) and, unless the information is provided to the employee in some other manner, how that amount was calculated; (g) the amount and purpose of each deduction from wages; (h) any amount with respect to room or board that is d…

13 (1) An employer shall not withhold wages payable to an employee, make a deduction from an employee’s wages or cause the employee to return his or her wages to the employer unless authorized to do so under this section. 2000, c. 41, s. 13 (1). Statute or court order (2) An employer may withhold or make a deduction from an employee’s wages or cause the employee to return them if a statute of Ontario or Canada or a court order authorizes it. 2000, c. 41, s. 13 (2). Employee authorization (3) An employer may withhold or make a deduction from an employee’s wages or cause the employee to return them with the employee’s written authorization. 2000, c. 41, s. 13 (3). Exception (4) Subsections (2) and (3) do not apply if the statute, order or written authorization from the employee requires the employer to remit the withheld or deducted wages to a third person and the employer fails to do so. …

14 (1) Despite any other Act, wages shall have priority over and be paid before the claims and rights of all other unsecured creditors of an employer, to the extent of $10,000 per employee. 2000, c. 41, s. 14 (1). Exception (2) Subsection (1) does not apply with respect to a distribution made under the Bankruptcy and Insolvency Act (Canada) or other legislation enacted by the Parliament of Canada respecting bankruptcy or insolvency. 2001, c. 9, Sched. I, s. 1 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (3) - 4/09/2001

Part v.1 employee tips and other gratuities

14.1 (1) An employer shall pay an employee’s tips or other gratuities, (a) by cash; (b) by cheque payable only to the employee; (c) by direct deposit in accordance with subsection (3); or (d) by any other prescribed method of payment. 2024, c. 3, Sched. 2, s. 5. Place of payment by cash or cheque (2) If payment is made by cash or cheque, the employer shall ensure that the cash or cheque is given to the employee at his or her workplace or at some other place agreeable to the employee. 2024, c. 3, Sched. 2, s. 5. Direct deposit (3) An employer may pay an employee’s tips or other gratuities by direct deposit into an account of a financial institution if, (a) the account is selected by the employee and is in the employee’s name; (b) no person other than the employee or a person authorized by the employee has access to the account; and (c) the account meets the prescribed criteria, if any. 20…

14.2 (1) An employer shall not withhold tips or other gratuities from an employee, make a deduction from an employee’s tips or other gratuities or cause the employee to return or give his or her tips or other gratuities to the employer unless authorized to do so under this Part. 2015, c. 32, s. 1. Enforcement (2) If an employer contravenes subsection (1), the amount withheld, deducted, returned or given is a debt owing to the employee and is enforceable under this Act as if it were wages owing to the employee. 2015, c. 32, s. 1. Section Amendments with date in force (d/m/y) 2015, c. 32, s. 1 - 10/06/2016

14.3 (1) An employer may withhold or make a deduction from an employee’s tips or other gratuities or cause the employee to return or give them to the employer if a statute of Ontario or Canada or a court order authorizes it. 2015, c. 32, s. 1. Exception (2) Subsection (1) does not apply if the statute or order requires the employer to remit the withheld, deducted, returned or given tips or other gratuities to a third person and the employer fails to do so. 2015, c. 32, s. 1. Section Amendments with date in force (d/m/y) 2015, c. 32, s. 1 - 10/06/2016

14.4 (1) An employer may withhold or make a deduction from an employee’s tips or other gratuities or cause the employee to return or give them to the employer if the employer collects and redistributes tips or other gratuities among some or all of the employer’s employees. 2015, c. 32, s. 1. Exception (2) An employer shall not redistribute tips or other gratuities under subsection (1) to such employees as may be prescribed. 2015, c. 32, s. 1. Employer, etc. not to share in tips or other gratuities (3) Subject to subsections (4) and (5), an employer or a director or shareholder of an employer may not share in tips or other gratuities redistributed under subsection (1). 2015, c. 32, s. 1. Exception — sole proprietor, partner (4) An employer who is a sole proprietor or a partner in a partnership may share in tips or other gratuities redistributed under subsection (1) if he or she regularly …

14.5 (1) If a collective agreement that is in effect on the day section 1 of the Protecting Employees’ Tips Act, 2015 comes into force contains a provision that addresses the treatment of employee tips or other gratuities and there is a conflict between the provision of the collective agreement and this Part, the provision of the collective agreement prevails. 2015, c. 32, s. 1. Same — expiry of agreement (2) Following the expiry of a collective agreement described in subsection (1), if the provision that addresses the treatment of employee tips or other gratuities remains in effect, subsection (1) continues to apply to that provision, with necessary modifications, until a new or renewal agreement comes into effect. 2015, c. 32, s. 1. Same — renewed or new agreement (3) Subsection (1) does not apply to a collective agreement that is made or renewed on or after the day section 1 of the Pr…

PART vi RECORDS

15 (1) An employer shall record the following information with respect to each employee, including an employee who is a homeworker: 1. The employee’s name and address. 2. The employee’s date of birth, if the employee is a student and under 18 years of age. 3. The date on which the employee began his or her employment. 3.1 The dates and times that the employee worked. 3.2 If the employee has two or more regular rates of pay for work performed for the employer and, in a work week, the employee performed work for the employer in excess of the overtime threshold, the dates and times that the employee worked in excess of the overtime threshold at each rate of pay. 4. The number of hours the employee worked in each day and each week. 5. The information contained in each written statement given to the employee under subsection 12 (1), section 12.1, subsections 27 (2.1), 28 (2.1), 29 (1.1) and 3…

15.1 (1) An employer shall record information concerning an employee’s entitlement to vacation time and vacation pay in accordance with this section. 2002, c. 18, Sched. J, s. 3 (9). Content of record (2) The employer shall record the following information: 1. The amount of vacation time, if any, that the employee had earned since the start of employment but had not taken before the start of the vacation entitlement year. 2. The amount of vacation time that the employee earned during the vacation entitlement year. 3. The amount of vacation time, if any, taken by the employee during the vacation entitlement year. 4. The amount of vacation time, if any, that the employee had earned since the start of employment but had not taken as of the end of the vacation entitlement year. 4.1 The amount of vacation pay that the employee earned during the vacation entitlement year and how that amount wa…

16 An employer shall ensure that all of the records and documents required to be retained under sections 15 and 15.1 are readily available for inspection as required by an employment standards officer, even if the employer has arranged for another person to retain them. 2000, c. 41, s. 16; 2004, c. 21, s. 3. Section Amendments with date in force (d/m/y) 2004, c. 21, s. 3 - 1/03/2005

PART Vii HOURS OF WORK AND EATING PERIODS

17 (1) Subject to subsections (2) and (3), no employer shall require or permit an employee to work more than, (a) eight hours in a day or, if the employer establishes a regular work day of more than eight hours for the employee, the number of hours in his or her regular work day; and (b) 48 hours in a work week. 2004, c. 21, s. 4. Exception: hours in a day (2) An employee’s hours of work may exceed the limit set out in clause (1) (a) if the employee has made an agreement with the employer that he or she will work up to a specified number of hours in a day in excess of the limit and his or her hours of work in a day do not exceed the number specified in the agreement. 2004, c. 21, s. 4. Exception: hours in a work week (3) An employee’s hours of work may exceed the limit set out in clause (1) (b) if the employee has made an agreement with the employer that he or she will work up to a speci…

17.1 Repealed: 2019, c. 4, Sched. 9, s. 4. Section Amendments with date in force (d/m/y) 2004, c. 21, s. 4 - 1/03/2005 2019, c. 4, Sched. 9, s. 4 - 03/04/2019

17.2 Repealed: 2019, c. 4, Sched. 9, s. 5. Section Amendments with date in force (d/m/y) 2004, c. 21, s. 4 - 1/03/2005 2019, c. 4, Sched. 9, s. 5 - 03/04/2019

17.3 Repealed: 2019, c. 4, Sched. 9, s. 6. Section Amendments with date in force (d/m/y) 2004, c. 21, s. 4 - 1/03/2005 2010, c. 16, Sched. 9, s. 1 (1) - 29/11/2010 2019, c. 4, Sched. 9, s. 6 - 03/04/2019

18 (1) An employer shall give an employee a period of at least 11 consecutive hours free from performing work in each day. 2000, c. 41, s. 18 (1); 2002, c. 18, Sched. J, s. 3 (10). Exception (2) Subsection (1) does not apply to an employee who is on call and called in during a period in which the employee would not otherwise be expected to perform work for his or her employer. 2000, c. 41, s. 18 (2); 2017, c. 22, Sched. 1, s. 10. Free from work between shifts (3) An employer shall give an employee a period of at least eight hours free from the performance of work between shifts unless the total time worked on successive shifts does not exceed 13 hours or unless the employer and the employee agree otherwise. 2000, c. 41, s. 18 (3). Weekly or biweekly free time requirements (4) An employer shall give an employee a period free from the performance of work equal to, (a) at least 24 consecuti…

19 An employer may require an employee to work more than the maximum number of hours permitted under section 17 or to work during a period that is required to be free from performing work under section 18 only as follows, but only so far as is necessary to avoid serious interference with the ordinary working of the employer’s establishment or operations: 1. To deal with an emergency. 2. If something unforeseen occurs, to ensure the continued delivery of essential public services, regardless of who delivers those services. 3. If something unforeseen occurs, to ensure that continuous processes or seasonal operations are not interrupted. 4. To carry out urgent repair work to the employer’s plant or equipment. 2000, c. 41, s. 19.

20 (1) An employer shall give an employee an eating period of at least 30 minutes at intervals that will result in the employee working no more than five consecutive hours without an eating period. 2000, c. 41, s. 20 (1). Exception (2) Subsection (1) does not apply if the employer and the employee agree, whether or not in writing, that the employee is to be given two eating periods that together total at least 30 minutes in each consecutive five-hour period. 2000, c. 41, s. 20 (2).

21 An employer is not required to pay an employee for an eating period in which work is not being performed unless his or her employment contract requires such payment. 2000, c. 41, s. 21.

21.1 (1) The Director shall prepare and publish a document that describes such rights of employees and obligations of employers under this Part and Part VIII as the Director believes an employee should be made aware of in connection with an agreement referred to in subsection 17 (2) or (3). 2004, c. 21, s. 5; 2019, c. 4, Sched. 9, s. 7. If document not up to date (2) If the Director believes that a document prepared under subsection (1) has become out of date, he or she shall prepare and publish a new document. 2004, c. 21, s. 5. Section Amendments with date in force (d/m/y) 2004, c. 21, s. 5 - 1/03/2005 2019, c. 4, Sched. 9, s. 7 - 03/04/2019

PART VII.0.1 WRITTEN POLICY ON DISCONNECTING FROM WORK

21.1.1 In this Part, “disconnecting from work” means not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work. 2021, c. 35, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 2, s. 3 - 02/12/2021

21.1.2 (1) An employer that, on January 1 of any year, employs 25 or more employees shall, before March 1 of that year, ensure it has a written policy in place for all employees with respect to disconnecting from work that includes the date the policy was prepared and the date any changes were made to the policy. 2021, c. 35, Sched. 2, s. 3. Copy of policy (2) An employer shall provide a copy of the written policy with respect to disconnecting from work to each of the employer’s employees within 30 days of preparing the policy or, if an existing written policy is changed, within 30 days of the changes being made. 2021, c. 35, Sched. 2, s. 3. Same (3) An employer shall provide a copy of the written policy with respect to disconnecting from work that applies to a new employee within 30 days of the day the employee becomes an employee of the employer. 2021, c. 35, Sched. 2, s. 3. Prescribed…

Part VII.1 Three Hour Rule

21.2 (1) If an employee who regularly works more than three hours a day is required to present himself or herself for work but works less than three hours, despite being available to work longer, the employer shall pay the employee wages for three hours, equal to the greater of the following: 1. The sum of, i. the amount the employee earned for the time worked, and ii. wages equal to the employee’s regular rate for the remainder of the time. 2. Wages equal to the employee’s regular rate for three hours of work. 2018, c. 14, Sched. 1, s. 5. Exception (2) Subsection (1) does not apply if the employer is unable to provide work for the employee because of fire, lightning, power failure, storms or similar causes beyond the employer’s control that result in the stopping of work. 2018, c. 14, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 11 - no effect …

PART Viii OVERTIME PAY

22 (1) Subject to subsection (1.1), an employer shall pay an employee overtime pay of at least one and one-half times his or her regular rate for each hour of work in excess of 44 hours in each work week or, if another threshold is prescribed, that prescribed threshold. 2000, c. 41, s. 22 (1); 2011, c. 1, Sched. 7, s. 1; 2017, c. 22, Sched. 1, s. 13 (1). Same, two or more regular rates (1.1) If an employee has two or more regular rates for work performed for the same employer in a work week, (a) the employee is entitled to be paid overtime pay for each hour of work performed in the week after the total number of hours performed for the employer reaches the overtime threshold; and (b) the overtime pay for each hour referred to in clause (a) is one and one-half times the regular rate that applies to the work performed in that hour. 2017, c. 22, Sched. 1, s. 13 (2). Averaging (2) An employe…

22.1 Repealed: 2019, c. 4, Sched. 9, s. 9. Section Amendments with date in force (d/m/y) 2004, c. 21, s. 7 - 1/03/2005 2019, c. 4, Sched. 9, s. 9 - 03/04/2019

22.2 Repealed: 2019, c. 4, Sched. 9, s. 9. Section Amendments with date in force (d/m/y) 2004, c. 21, s. 7 - 1/03/2005 2010, c. 16, Sched. 9, s. 1 (2) - 29/11/2010 2019, c. 4, Sched. 9, s. 9 - 03/04/2019

PART ix MINIMUM WAGE

23 (1) An employer shall pay employees at least the minimum wage. 2000, c. 41, s. 23 (1); 2014, c. 10, Sched. 2, s. 2 (1). Room or board (2) If an employer provides room or board to an employee, the prescribed amount with respect to room or board shall be deemed to have been paid by the employer to the employee as wages. 2000, c. 41, s. 23 (2). Determining compliance (3) Compliance with this Part shall be determined on a pay period basis. 2000, c. 41, s. 23 (3). Hourly rate (4) Without restricting the generality of subsection (3), if the minimum wage applicable with respect to an employee is expressed as an hourly rate, the employer shall not be considered to have complied with this Part unless, (a) when the amount of regular wages paid to the employee in the pay period is divided by the number of hours he or she worked in the pay period, other than hours for which the employee was entit…

23.0.1 If the minimum wage rate applicable to an employee changes during a pay period, the calculations required by subsection 23 (4) shall be performed as if the pay period were two separate pay periods, the first consisting of the part falling before the day on which the change takes effect and the second consisting of the part falling on and after the day on which the change takes effect. 2017, c. 22, Sched. 1, s. 14. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 14 - 01/01/2018

23.1 (1) The minimum wage is the following: 1. On or after January 1, 2022 but before October 1, 2022, the amount set out below for the following classes of employees: i. For employees who are students under 18 years of age, if the student’s weekly hours do not exceed 28 hours or if the student is employed during a school holiday, $14.10 per hour. ii. For the services of hunting and fishing guides, $75.00 for less than five consecutive hours in a day and $150.05 for five or more hours in a day, whether or not the hours are consecutive. iii. For employees who are homeworkers, $16.50 per hour. iv. For any other employees not listed in subparagraphs i to iii, $15.00 per hour. 2. From October 1, 2022 onward, the amount determined under subsection (4). 2021, c. 40, Sched. 9, s. 1 (1). Student homeworker (1.1) If an employee falls within both subparagraphs 1 i and iii of subsection (1), the em…

part x public holidays

24 (1) An employee’s public holiday pay for a given public holiday shall be equal to, (a) the total amount of regular wages earned and vacation pay payable to the employee in the four work weeks before the work week in which the public holiday occurred, divided by 20; or (b) if some other manner of calculation is prescribed, the amount determined using that manner of calculation. 2017, c. 22, Sched. 1, s. 16; 2018, c. 14, Sched. 1, s. 7 (1). (1.1), (1.2) Repealed: 2018, c. 14, Sched. 1, s. 7 (2). Premium pay (2) An employer who is required under this Part to pay premium pay to an employee shall pay the employee at least one and one half times his or her regular rate. 2000, c. 41, s. 24 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (12) - 26/11/2002 2017, c. 22, Sched. 1, s. 16 - 01/01/2018 2018, c. 14, Sched. 1, s. 7 (1, 2) - 01/01/2019

25 (1) Subsection (2) applies with respect to an employee if, (a) an employee performs work of a particular kind or character in a work week in which a public holiday occurs; (b) the regulations exempt employees who perform work of that kind or character from the application of this Part; and (c) the duties of the employee’s position also require him or her to perform work of another kind or character. 2000, c. 41, s. 25 (1). Same (2) This Part applies to the employee with respect to that public holiday unless the time spent by the employee performing the work referred to in clause (1) (b) constitutes more than half the time that the employee spent fulfilling the duties of his or her position in that work week. 2000, c. 41, s. 25 (2).

26 (1) If a public holiday falls on a day that would ordinarily be a working day for an employee and the employee is not on vacation that day, the employer shall give the employee the day off work and pay him or her public holiday pay for that day. 2000, c. 41, s. 26 (1). Exception (2) The employee has no entitlement under subsection (1) if he or she fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday. 2000, c. 41, s. 26 (2).

27 (1) An employee and employer may agree that the employee will work on a public holiday that would ordinarily be a working day for that employee, and if they do, section 26 does not apply to the employee. 2000, c. 41, s. 27 (1). Employee’s entitlement (2) Subject to subsections (3) and (4), if an employer and an employee make an agreement under subsection (1), (a) the employer shall pay to the employee wages at his or her regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or (b) if the employee and the employer agree, the employer shall pay to the employee public holiday pay for the day plus premium pay for each hour worked on that day. 2000, c. 41, s. 27 (2). Substitute day of h…

28 (1) If an employee is employed in a hospital, a continuous operation, or a hotel, motel, tourist resort, restaurant or tavern, the employer may require the employee to work on a public holiday that is ordinarily a working day for the employee and that is not a day on which the employee is on vacation, and if the employer does so, sections 26 and 27 do not apply to the employee. 2000, c. 41, s. 28 (1). Employee’s entitlement (2) Subject to subsections (3) and (4), if an employer requires an employee to work on a public holiday under subsection (1), the employer shall, (a) pay to the employee wages at his or her regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or (b) pay to the …

29 (1) If a public holiday falls on a day that would not ordinarily be a working day for an employee or a day on which the employee is on vacation, the employer shall substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday. 2000, c. 41, s. 29 (1). Substitute day of holiday (1.1) If a day is substituted for a public holiday under subsection (1), the employer shall provide the employee with a written statement, before the public holiday, that sets out, (a) the public holiday that is being substituted; (b) the date of the day that is substituted for a public holiday under subsection (1); and (c) the date on which the statement is provided to the employee. 2017, c. 22, Sched. 1, s. 19. Restriction (2) A day that is substituted for a public holiday un…

30 (1) An employee and employer may agree that the employee will work on a public holiday that falls on a day that would not ordinarily be a working day for that employee or on a day on which the employee is on vacation, and if they do, section 29 does not apply to the employee. 2000, c. 41, s. 30 (1). Employee’s entitlement (2) Subject to subsections (3) and (4), if an employer and an employee make an agreement under subsection (1), (a) the employer shall pay to the employee wages at his or her regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or (b) if the employer and employee agree, the employer shall pay the employee public holiday pay for the day plus premium pay for each ho…

31 If an employee receives premium pay for working on a public holiday, the hours worked shall not be taken into consideration in calculating overtime pay to which the employee may be entitled. 2000, c. 41, s. 31.

32 If the employment of an employee ends before a day that has been substituted for a public holiday under this Part, the employer shall pay the employee public holiday pay for that day in accordance with subsection 11 (5). 2000, c. 41, s. 32.

PART xi VACATION WITH PAY

33 (1) An employer shall give an employee a vacation of, (a) at least two weeks after each vacation entitlement year that the employee completes, if the employee’s period of employment is less than five years; or (b) at least three weeks after each vacation entitlement year that the employee completes, if the employee’s period of employment is five years or more. 2017, c. 22, Sched. 1, s. 21. Active and inactive employment (2) Both active employment and inactive employment shall be included for the purposes of subsection (1). 2017, c. 22, Sched. 1, s. 21. Where vacation not taken in complete weeks (3) If an employee does not take vacation in complete weeks, the employer shall base the number of days of vacation that the employee is entitled to, (a) on the number of days in the employee’s regular work week; or (b) if the employee does not have a regular work week, on the average number of…

34 (1) This section applies if the employer establishes an alternative vacation entitlement year for an employee. 2017, c. 22, Sched. 1, s. 21. Vacation for stub period, less than five years of employment (2) If the employee’s period of employment is less than five years, the employer shall do the following with respect to the stub period: 1. The employer shall calculate the ratio between the stub period and 12 months. 2. If the employee has a regular work week, the employer shall give the employee a vacation for the stub period that is equal to two weeks multiplied by the ratio calculated under paragraph 1. 3. If the employee does not have a regular work week, the employer shall give the employee a vacation for the stub period that is equal to, 2 × A × the ratio calculated under paragraph 1 where, A = the average number of days the employee worked per work week in the stub period. 2017,…

35 The employer shall determine when an employee shall take vacation for a vacation entitlement year, subject to the following rules: 1. The vacation must be completed no later than 10 months after the end of the vacation entitlement year for which it is given. 2. If the employee’s period of employment is less than five years, the vacation must be a two-week period or two periods of one week each, unless the employee requests in writing that the vacation be taken in shorter periods and the employer agrees to that request. 3. If the employee’s period of employment is five years or more, the vacation must be a three-week period or a two-week period and a one-week period or three periods of one week each, unless the employee requests in writing that the vacation be taken in shorter periods and the employer agrees to that request. 2017, c. 22, Sched. 1, s. 21. Section Amendments with date in…

35.1 (1) This section applies if an employer establishes an alternative vacation entitlement year for an employee. 2017, c. 22, Sched. 1, s. 22. Same (2) The employer shall determine when the employee shall take his or her vacation for the stub period, subject to the following rules: 1. The vacation shall be completed no later than 10 months after the start of the first alternative vacation entitlement year. 2. Subject to paragraphs 3 and 4, if the vacation entitlement is equal to two or more days, the vacation shall be taken in a period of consecutive days. 3. Subject to paragraph 4, if the vacation entitlement is equal to more than five days, at least five vacation days shall be taken in a period of consecutive days and the remaining vacation days may be taken in a separate period of consecutive days. 4. Paragraphs 2 and 3 do not apply if the employee requests in writing that the vacat…

35.2 An employer shall pay vacation pay to an employee who is entitled to vacation under section 33 or 34, equal to at least, (a) 4 per cent of the wages, excluding vacation pay, that the employee earned during the period for which the vacation is given, if the employee’s period of employment is less than five years; or (b) 6 per cent of the wages, excluding vacation pay, that the employee earned during the period for which the vacation is given, if the employee’s period of employment is five years or more. 2017, c. 22, Sched. 1, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (18) - 26/11/2002 2017, c. 22, Sched. 1, s. 23 - 01/01/2018