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Employment Standards Act, 2000

ONTARIO REGULATION 125/16

TIPS AND OTHER GRATUITIES

Historical version for the period December 18, 2017 to December 31, 2017.

Last amendment: 525/17.

Legislative History: 525/17.

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:

Note: On January 1, 2018, section 1 of the Regulation is amended by striking out “subsection 14.1 (2) of the Act” in the portion before paragraph 1 and substituting “clause (f) of the definition of “tip or other gratuity” in subsection 1 (1) of the Act”. (See: O. Reg. 525/17, s. 1)

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).