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O. Reg. 289/01: PENALTIES AND RECIPROCAL ENFORCEMENT
under Employment Standards Act, 2000, S.O. 2000, c. 41
Skip to contentEmployment Standards Act, 2000
Penalties and reciprocal enforcement
Historical version for the period October 24, 2018 to December 31, 2018.
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.