O. Reg. 502/06: TERMS AND CONDITIONS OF EMPLOYMENT IN DEFINED INDUSTRIES - AUTOMOBILE MANUFACTURING, AUTOMOBILE PARTS MANUFACTURING, AUTOMOBILE PARTS WAREHOUSING AND AUTOMOBILE MARSHALLING

Employment Standards Act, 2000

ONTARIO REGULATION 502/06

terms and conditions of employment in defined industries — automobile manufacturing, automobile parts manufacturing, automobile parts warehousing and automobile marshalling

Historical version for the period January 1, 2017 to December 17, 2017.

Last amendment: O. Reg. 370/16.

This is the English version of a bilingual regulation.

Definitions

1. (1) In this Regulation,

“automobile” includes a van or truck with a gross vehicle weight rating of 14,000 pounds (6,350 kilograms) or less; (“automobile”)

“automobile manufacturing” means assembling automobiles; (“construction automobile”)

“automobile marshalling” means receiving assembled automobiles from employers in the automobile manufacturing industry, storing the automobiles before delivery to purchasers or persons who sell to purchasers, organizing them for delivery and arranging for delivery; (“triage d’automobiles”)

“automobile parts manufacturing” means,

(a) producing automobile parts that are supplied directly to employers in the automobile manufacturing industry or in the automobile parts warehousing industry, and

(b) producing elements of automobile parts where those elements are supplied directly to employers who produce automobile parts as described in clause (a); (“fabrication de pièces automobiles”)

“automobile parts warehousing” means receiving automobile parts from employers in the automobile parts manufacturing industry, storing the parts before delivery to employers in the automobile manufacturing industry, organizing them for delivery, and delivering them or arranging for delivery; (“entreposage de pièces automobiles”)

“defined industries” means the automobile manufacturing industry, the automobile parts manufacturing industry, the automobile parts warehousing industry and the automobile marshalling industry; (“industries définies”)

“gross vehicle weight rating” means the value specified by the vehicle manufacturer as the loaded weight of a single vehicle. (“poids nominal brut de véhicule”)  O. Reg. 502/06, s. 1 (1).

(2) For the purposes of this Regulation,

(a) an employee of an employer who carries on any activity described in the definition of “automobile marshalling” in subsection (1) is employed in the automobile marshalling industry even if other activities constitute the majority of the employer’s activities;

(b) an employee of an employer who produces any automobile parts or elements of automobile parts that are supplied as described in clauses (a) and (b) of the definition of “automobile parts manufacturing” in subsection (1) is employed in the automobile parts manufacturing industry even if the production of other things constitutes the majority of the employer’s production; and

(c) an employee of an employer who carries on any activity described in the definition of “automobile parts warehousing” in subsection (1) is employed in the automobile parts warehousing industry even if other activities constitute the majority of the employer’s activities.  O. Reg. 502/06, s. 1 (2).

Scope

2. This Regulation is restricted in its application to,

(a) employees employed in the defined industries,

(i) who are directly involved in any of the activities mentioned in the definition of the respective defined industry, or

(ii) whose attendance at the workplace during any of the activities mentioned in the definition of the respective defined industry is essential to that activity; and

(b) employers of the employees described in subclauses (a) (i) and (ii).  O. Reg. 502/06, s. 2.

Hours free from work

3. (1) If an employer and an employee agree, subsections (2) and (3) apply instead of subsection 18 (1) of the Act.  O. Reg. 502/06, s. 3 (1).

(2) The employer shall give the employee a period of at least 11 consecutive hours free from performing work in each day, subject to subsection (3).  O. Reg. 502/06, s. 3 (2).

(3) On one day in each work week, the period that is free from performing work may be shorter than 11 consecutive hours but shall be at least eight consecutive hours.  O. Reg. 502/06, s. 3 (3).

Personal emergency leave

4. (1) This section modifies the application of section 50 of the Act to an employee whose employer regularly employs 50 or more employees. O. Reg. 370/16, s. 1.

(2) An employee is entitled to a leave of absence without pay of a total of seven days in each calendar year because of any of the following:

1. A personal illness, injury or medical emergency.

2. The illness, injury or medical emergency of an individual described in subsection (4).

3. An urgent matter that concerns an individual described in subsection (4). O. Reg. 370/16, s. 1.

(3) An employee is entitled to a leave of absence without pay of up to three days because of the death of an individual described in subsection (4). O. Reg. 370/16, s. 1.

(4) Paragraphs 2 and 3 of subsection (2) and subsection (3) apply with respect to the following individuals:

1. The employee’s spouse.

2. A parent, step-parent or foster parent of the employee or the employee’s spouse.

3. A child, step-child or foster child of the employee or the employee’s spouse.

4. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of the employee’s spouse.

5. The spouse of a child of the employee.

6. The employee’s brother or sister.

7. A relative of the employee who is dependent on the employee for care or assistance. O. Reg. 370/16, s. 1, 2.

(5) An employee who wishes to take leave under this section shall advise his or her employer that he or she will be doing so. O. Reg. 370/16, s. 1.

(6) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it. O. Reg. 370/16, s. 1.

(7) If an employee takes any part of a day as leave under this section, the employer may deem the employee to have taken one day’s leave on that day. O. Reg. 370/16, s. 1.

(8) An employer may require an employee who takes leave under this section to provide evidence reasonable in the circumstances that the employee is entitled to the leave. O. Reg. 370/16, s. 1.