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Employment Standards Act, 2000

ONTARIO REGULATION 125/16

TIPS AND OTHER GRATUITIES

Historical version for the period May 6, 2016 to June 9, 2016.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on June 10, 2016, the day section 1 of the Protecting Employees’ Tips Act, 2015 comes into force.

No amendments.

This is the English version of a bilingual regulation.

Credit card charges

1. For the purposes of subsection 14.1 (2) of the Act, a tip or other gratuity does not include the portion of a service charge or similar charge imposed by a credit card company on an employer for processing a credit card payment made to the employer by a customer, as determined in accordance with the following:

1. Multiply the total amount of the tip or other gratuity by the greater of,

i. the per cent charged by the credit card company for processing the payment, and

ii. 1.5 per cent.

2. Omitted (provides for coming into force of provisions of this Regulation).