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Employment Standards Act, 2000

ONTARIO REGULATION 289/01

Penalties and reciprocal enforcement

Historical version for the period May 23, 2023 to June 30, 2023.

Last amendment: 100/23.

Legislative History: 142/03, 532/05, 475/06, 295/11, 315/17, 528/17, 450/18, 100/23.

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

250

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

500

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

1,000

4.

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

250

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

500

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

1,000

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

250, 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

500, 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

1,000, multiplied by the number of employees affected

Note: On July 1, 2023, the day section 10 of Schedule 2 to the Working for Workers Act, 2021 comes into force, the Table to section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 100/23, s. 1 (1))

 

Item

Column 1
Contravention

Column 2
Penalty, in dollars

1.

If the notice relates to a contravention of subsection 74.1.3 (3) of the Act

15,000

2.

If the notice relates to the second contravention in a three-year period of subsection 74.1.3 (3) of the Act

25,000

3.

If the notice relates to the third or subsequent contravention in a three-year period of subsection 74.1.3 (3) of the Act

50,000

4.

If the notice relates to a contravention of a provision of the Act other than subsection 74.1.3 (3)

250

5.

If the notice relates to the second contravention in a three-year period of a provision of the Act other than subsection 74.1.3 (3)

500

6.

If the notice relates to the third or subsequent contravention in a three-year period of a provision of the Act other than subsection 74.1.3 (3)

1,000

7.

If the notice relates to a contravention of a provision of the Act other than section 2, 15, 15.1 or 16 or subsection 74.1.3 (3), and the contravention affects more than one employee

250, multiplied by the number of employees affected

8.

If the notice relates to the second contravention in a three-year period of a provision of the Act other than section 2, 15, 15.1 or 16 or subsection 74.1.3 (3), and the contravention affects more than one employee

500, multiplied by the number of employees affected

9.

If the notice relates to the third or subsequent contravention in a three-year period of a provision of the Act other than section 2, 15, 15.1 or 16 or subsection 74.1.3 (3), and the contravention affects more than one employee

1,000, multiplied by the number of employees affected

Note: On January 1, 2024, the day section 9 of Schedule 2 to the Working for Workers Act, 2021 comes into force, the Table to section 1 of the Regulation is amended by striking out “subsection 74.1.3 (3)” wherever it appears and substituting in each case “subsection 74.1.1 (1), 74.1.1 (2), 74.1.2 (1), 74.1.2 (2) or 74.1.3 (3)”. (See: O. Reg. 100/23, s. 1 (2))

O. Reg. 289/01, s. 1; O. Reg. 142/03, s. 1; O. Reg. 315/17, s. 1; O. Reg. 528/17, s. 2; O. Reg. 450/18, s. 1.

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.