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Contents

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Employment Standards Act Policy and Interpretation Manual

Table of contents

  • COVID‑19 vaccines and tests
  • Part I - Definitions
  • Part II - Information concerning rights and obligations
  • Part III - How this Act applies
  • Part IV - Continuity of employment
  • Part V - Payment of wages
  • Part V.1 - Employee tips and other gratuities
  • Part VI - Records
  • Part VII - Hours of work and eating periods
  • Part VII.0.1 - Written policy on disconnecting from work
  • Part VII.1 - Three hour rule
  • Part VIII - Overtime pay
  • Part IX - Minimum wage
  • Part X - Public holidays
  • Part XI - Vacation with pay
  • Part XI.1 - Written policy on electronic monitoring
  • Part XII - Equal pay for equal work
  • Part XIII - Benefit plans
  • Part XIV - Leaves of absence
  • Part XV - Termination and severance of employment
  • Part XV.1 - Non-compete agreements
  • Part XVI - Lie detectors
  • Part XVII - Retail business establishments
  • Part XVIII - Reprisal prohibited
  • Part XVIII.1 - Temporary help agencies
  • Part XIX - Building services providers
  • Part XX - Liability of directors
  • Part XXI - Who enforces this act and what they can do
  • EPFNA Regulations - Regulation 47/10 penalties and 348/15 employer recovery of costs
  • Part XXII - Complaints and enforcement
  • Part XXIII - Reviews by the board
  • Part XXIV - Collection
  • Part XXV - Offences and prosecutions
  • Part XXVI - Miscellaneous evidentiary provisions
  • Part XXVII - Regulations
  • Part XXVIII - Transition
  • Ontario Regulation 66/20 - Infectious disease emergency leave - REVOKED
  • Ontario Regulation 125/16 – Tips and other gratuities
  • Ontario Regulation 159/05 – Terms and conditions of employment in defined industries – Mineral exploration and mining
  • Ontario Regulation 160/05 – Terms and conditions of employment in defined industries – Live performances, trade shows and conventions
  • Ontario Regulation 228/20 - Infectious Disease Emergency Leave
  • Ontario Regulation 285/01 – When work deemed to be performed, exemptions and special rules
  • Ontario Regulation 286/01 – Benefit plans
  • Ontario Regulation 287/01 – Building Services Providers
  • Ontario Regulation 288/01 – Termination and severance of employment
  • Ontario Regulation 289/01 – Enforcement
  • Revoked: Ontario Regulation 291/01 – Terms and conditions of employment in defined industries – Women’s coat and suit industry and women’s dress and sportswear industry
  • Ontario Regulation 390/05 – Terms and conditions of employment in defined industries – Public transit services
  • Ontario Regulation 398/09 – Terms and conditions of employment in defined industries – Temporary help agency industry
  • Ontario Regulation 477/18 – Non-application of act
  • Ontario Regulation 491/06 – Terms and conditions of employment in defined industries – Ambulance services
  • Ontario Regulation 502/06 – Terms and conditions of employment in defined industries – Automobile manufacturing, automobile parts manufacturing, automobile parts warehousing and automobile marshalling
  • Ontario Regulation 535/17 – Family medical leave and critical illness leave
  • Ontario Regulation 764/20 - Terms and conditions of employment in defined industries - hospitality, tourism and convention and trade show industries
  •   Employment Protection for Foreign Nationals Act, 2009 (EPFNA)
    • Section 1 – Interpretation
    • Section 2 – Acting as recruiter
    • Section 3 – Application
    • Section 4 – Separate persons treated as one entity
    • Section 5 – No contracting out
    • Section 6 – Civil proceedings not affected
    • Section 7 – Prohibition against charging fees
    • Section 8 – Prohibition against cost recovery by employers
    • Section 9 – Prohibitions against taking, retaining property
    • Section 10 – Prohibitions against reprisal
    • Section 11 – Duty to provide documents to foreign nationals
    • Section 12 – Director's duty to publish documents
    • Section 13 – Director’s authority to publish names of offenders
    • Section 14 – Employer’s duty to keep records
    • Section 15 – Recruiter’s duty to keep records
    • Section 16 – Prohibition re: Record keeping
    • Section 17 – Restricted application of ss. 18, 19
    • Section 18 – Director’s liability to repay fees, etc.
    • Section 18.1 - Recruiters’ liability to repay fees, etc.
    • Section 19 – Indemnification, etc., of directors
    • Section 20 – Complaints
    • Section 21 – Effect of filing complaint
    • Section 22 – Meetings required by employment standards officer
    • Section 23 – Settlement
    • Section 24 – Authority to make orders
    • Section 25 – Time limits on recovery
    • Section 26 – Refusal to issue order
    • Section 27 – Notice of contravention
    • Section 28 – Limitation period re: orders, notices of contravention
    • Section 29 – OLRB review of order, etc.
    • Section 30 – OLRB review of notice of contravention
    • Section 31 – General provision respecting the board
    • Section 32 – Prescribed arrangements re: collective agreements
    • Section 33 – Powers and duties of director
    • Section 34 – Powers and duties of employment standards officers
    • Section 35 – Investigation and inspection powers
    • Section 36 – Warrants
    • Section 37 – Prohibitions re: investigations and inspections
    • Section 38 – 43 -Posting of notices, service documents, collections, general offence, limitation period, prosecution, onus in prosecution for reprisal
    • Section 44 – Additional orders re: Reprisals, property
    • Section 45 – Additional orders re: Other contraventions
    • Section 46 – Offence re: Directors' liability
    • Section 47 – Offence re: Permitting offence by corporation
    • Section 48-50 – Where prosecution may be heard, copy constitutes evidence, regulations

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Employment Protection for Foreign Nationals Act, 2009 (EPFNA)

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  • Section 1 – Interpretation
  • Section 2 – Acting as recruiter
  • Section 3 – Application
  • Section 4 – Separate persons treated as one entity
  • Section 5 – No contracting out
  • Section 6 – Civil proceedings not affected
  • Section 7 – Prohibition against charging fees
  • Section 8 – Prohibition against cost recovery by employers
  • Section 9 – Prohibitions against taking, retaining property
  • Section 10 – Prohibitions against reprisal
  • Section 11 – Duty to provide documents to foreign nationals
  • Section 12 – Director’s duty to publish documents
  • Section 13 – Director’s authority to publish names of offenders
  • Section 14 – Employer’s duty to keep records
  • Section 15 – Recruiter’s duty to keep records
  • Section 16 – Prohibition re: Record keeping
  • Section 17 – Restricted application of ss. 18, 19
  • Section 18 – Director’s liability to repay fees, etc.
  • Section 19 – Indemnification, etc., of directors
  • Section 20 – Complaints
  • Section 21 – Effect of filing complaint
  • Section 22 – Meetings required by employment standards officer
  • Section 23 – Settlement
  • Section 24 – Authority to make orders
  • Section 25 – Time limits on recovery
  • Section 26 – Refusal to issue order
  • Section 27 – Notice of contravention
  • Section 28 – Limitation period re: orders, notices of contravention
  • Section 29 – OLRB review of order, etc.
  • Section 30 – OLRB review of notice of contravention
  • Section 31 – General provision respecting the board
  • Section 32 – Prescribed arrangements re: collective agreements
  • Section 33 – Powers and duties of director
  • Section 34 – Powers and duties of employment standards officers
  • Section 35 – Investigation and inspection powers
  • Section 36 – Warrants
  • Section 37 – Prohibitions re: investigations and inspections
  • Section 38 – 43 -Posting of notices, service documents, collections, general offence, limitation period, prosecution, onus in prosecution for reprisal
  • Section 44 – Additional orders re: Reprisals, property
  • Section 45 – Additional orders re: Other contraventions
  • Section 46 – Offence re: Directors' liability
  • Section 47 – Offence re: Permitting offence by corporation
  • Section 48-50 – Where prosecution may be heard, copy constitutes evidence, regulations
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Updated: June 15, 2022
Published: July 19, 2018

Ministry of Labour, Immigration, Training and Skills Development

The Ministry of Labour, Immigration, Training and Skills Development advances safe, fair and harmonious workplace practices that are essential to the social and economic well-being of the people of Ontario.

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