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Employment Standards Act, 2000

ONTARIO REGULATION 289/01

Penalties and reciprocal enforcement

Consolidation Period: From October 24, 2018 to the e-Laws currency date.

Last amendment: 450/18.

Legislative History: 142/03, 532/05, 475/06, 295/11, 315/17, 528/17, 450/18.

This is the English version of a bilingual regulation.

Prescribed penalties re notices of contravention

1. The following penalties are prescribed for the purposes of subsection 113 (1) of the Act:

 

Item

Column 1

Contravention

Column 2

Penalty, in dollars

1.

If the notice relates to a contravention of section 2, 15, 15.1 or 16 of the Act

350

2.

If the notice relates to the second contravention of section 2, 15, 15.1 or 16 of the Act in a three-year period

700

3.

If the notice relates to the third or subsequent contravention of section 2, 15, 15.1 or 16 of the Act in a three-year period

1,500

4.

If the notice relates to a contravention of a provision of the Act other than section 2, 15, 15.1 or 16

350

5.

If the notice relates to the second contravention of a provision of the Act other than section 2, 15, 15.1 or 16 in a three-year period

700

6.

If the notice relates to the third or subsequent contravention of a provision of the Act other than section 2, 15, 15.1 or 16 in a three-year period

1,500

7.

If the notice relates to a contravention of a provision of the Act other than section 2, 15, 15.1 or 16 and the contravention affects more than one employee

350, multiplied by the number of employees affected

8.

If the notice relates to the second contravention of a provision of the Act other than section 2, 15, 15.1 or 16 in a three-year period and the contravention affects more than one employee

700, multiplied by the number of employees affected

9.

If the notice relates to the third or subsequent contravention of a provision of the Act other than section 2, 15, 15.1 or 16 in a three-year period and the contravention affects more than one employee

1,500, multiplied by the number of employees affected

Note: On January 1, 2019, the Table to section 1 of the Regulation is amended by striking out “350” wherever it appears in Column 2 and substituting in each case “250”, by striking out “700” wherever it appears in Column 2 and substituting in each case “500” and by striking out “1,500” wherever it appears in Column 2 and substituting in each case “1,000”. (See: O. Reg. 450/18, s. 1)

O. Reg. 289/01, s. 1; O. Reg. 142/03, s. 1; O. Reg. 315/17, s. 1; O. Reg. 528/17, s. 2.

Reciprocal enforcement of orders

2. (1) Each state listed in Column 1 of the Table to this section is prescribed as a reciprocating state for the purposes of section 130 of the Act.  O. Reg. 289/01, s. 2 (1).

(2) Each authority listed in Column 2 of the Table to this section is prescribed as the designated authority for the state listed opposite it in Column 1.  O. Reg. 289/01, s. 2 (2).

TABLE

 

Column 1

Column 2

Alberta

Director of Employment Standards for Alberta

British Columbia

Director of Employment Standards for British Columbia

Manitoba

Director of Employment Standards for Manitoba

New Brunswick

Director of Employment Standards for New Brunswick

Newfoundland and Labrador

Director of Labour Standards for Newfoundland and Labrador

Northwest Territories

Labour Standards Board of the Northwest Territories

Nova Scotia

Director of Employment Standards for Nova Scotia

Nunavut

Nunavut Labour Standards Board

Prince Edward Island

Inspector of Labour Standards for Prince Edward Island

Quebec

Commission des normes du travail

Saskatchewan

Director of Labour Standards for Saskatchewan

Yukon

Director of Employment Standards for the Yukon

O. Reg. 289/01, s. 2, Table; O. Reg. 475/06, s. 1; O. Reg. 295/11, s. 1.

3. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 289/01, s. 3.

 

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