Statutes enacted by Ontario's Legislature often delegate the authority to make further laws to the Lieutenant Governor in Council (in effect the Cabinet). These additional laws, referred to as regulations, may, among other things, establish exemptions from the statute, set out detailed rules to complement what is in the statute, vary the rules or create additional rules to what is in the statute, provide definitions, etc.

Part XXVII of the Employment Standards Act, 2000 contains s. 141, which sets out the type of regulations that the Legislature has authorized the Lieutenant Governor in Council to make. A number of regulations have been made using this authority. In interpreting these regulations, some general rules of interpretation should be remembered.

Firstly, the same rules of interpretation apply to regulations as to the statute itself.

Secondly, and probably most importantly, regulations are subordinate to the Employment Standards Act, 2000. If there is a conflict between a provision in the statute and a provision in a regulation, the statute prevails. (Note, however, that if the statute authorizes the making of regulations that create different rules than those set out in the Act, the regulation will, generally speaking, not be invalid.)

Thirdly, a regulation will not be considered to be valid, even if it is not in conflict with the Act if the Act does not authorize the making of the regulation.

Finally, it should be noted that the regulations made under the former Employment Standards Act, 2000 would continue to apply (where relevant), with respect to matters governed by the former Employment Standards Act, 2000.

Section 141 – Regulations

Regulations – section 141(1)

Restricted application – section 141(1.1)

Regulations re: Part XIII – section 141(2)

Regulations re: Organ donor leave – section 141(2.0.1)

Same – section 141(2.0.2)

Transitional regulations – section 141(2.0.3)

Same – section 141(2.0.3.1)

Same – section 141(2.0.3.2)

Transitional regulations – section 141(2.0.3.3)

Conflict with transitional regulations – section 141(2.0.4)

Regulations re: Infectious Disease Emergencies  – section 141(2.1)

Same, Police Officers – section 141(2.1.1)

Regulations Re Emergency Leaves, Declared Emergencies, Infectious Disease Emergencies – section 141(2.2)

Retroactive Regulation – section 141(2.2.1)

Regulation Extending Leave – section 141(2.3)

Same – section 141(2.4)

Regulations re: Part XIX – section 141(3)

Regulations re: Part XXII – section 141(3.1)

Regulations re: Part XXV – section 141(4)

Classes – section 141(5)

Regulations may be conditional – section 141(5.1)

Terms and conditions of employment for an industry – section 141(6)

Repealed – section 141(7)

Conditions, revocability of approval – section 141(8)

Restriction where excess hours agreements approved – section 141(9)

Revocability of part of approved excess hours agreement – section 141(10)