O. Reg. 18/06: Exemptions, Special Rules and Establishment of Minimum Wage

Français

ontario regulation 18/06

made under the

employment standards Act, 2000

Made: February 3, 2006
Filed: February 6, 2006
Published on e-Laws: February 7, 2006
Printed in The Ontario Gazette: February 25, 2006

Amending O. Reg. 285/01

(Exemptions, Special Rules and Establishment of Minimum Wage)

1. Section 18 of Ontario Regulation 285/01 is revoked and the following substituted:

Highway transport

18. (1) Despite Part VIII of the Act, the employer shall pay an employee to whom this subsection applies overtime pay for each hour worked in excess of 60 hours in a work week, at an amount not less than one and one-half times the employee’s regular rate.

(2) Subsection (1) applies to an employee who is the driver of any of the following:

1. A truck whose operator held an operating licence under the former Act on December 31, 2005.

2. A truck whose operator held a certificate of intercorporate exemption under the former Act on December 31, 2005, if after that date the truck is operated to carry, for compensation, goods of another person who is not an affiliated corporation under the former Act, such that the operator would be required to hold an operating licence under the former Act if it were still in force.

3. A truck that is operated to carry goods of another person for compensation, if the operator,

i. did not hold an operating licence or a certificate of intercorporate exemption under the former Act on December 31, 2005, and

ii. would be required to hold an operating licence under the former Act if it were still in force.

(3) For the purposes of paragraph 2 of subsection (2), subsection 3 (6) of the former Act does not apply.

(4) For the purposes of subparagraph 3 ii of subsection (2), subsections 3 (5) and (6) of the former Act do not apply.

(5) Subsection (1) does not apply to an employee to whom section 17 applies.

(6) For the purposes of this section, in computing the number of hours worked by an employee in a week, only the hours during which he or she is directly responsible for the truck shall be included.

(7) In this section,

“commercial motor vehicle” has the same meaning as in the former Act; (“véhicule automobile utilitaire”)

“former Act” means the Truck Transportation Act; (“ancienne loi”)

“operate” has the same meaning as in the former Act, and “operator” has a corresponding meaning; (“exploiter”, “exploitant”)

“truck” means a commercial motor vehicle or the combination of a commercial motor vehicle and trailer or trailers drawn by it. (“camion”)

 

Français