R.R.O. 1990, Reg. 324: FRUIT, VEGETABLE AND TOBACCO HARVESTERS

Employment Standards Act
Loi sur les normes d’emploi

REGULATION 324

Amended to O. Reg. 293/01

FRUIT, VEGETABLE AND TOBACCO HARVESTERS

Note: This Regulation was revoked on the day Parts I to XXVII of the Employment Standards Act, 2000 comes into force. This day has been named as September 4, 2001. See: O. Reg. 293/01, ss. 3, 9.

This Regulation is made in English only.

1. For the purposes of this Regulation,

“housing accommodation” means a place of dwelling that is reasonably fit for human habitation consisting of at least a kitchen with cooking facilities, two bedrooms or a bedroom and a living room, and having its own private toilet and washing facilities;

“piece work rate” means a rate of pay calculated upon a unit of work performed;

“room” means a room that is reasonably furnished and reasonably fit for human habitation, is supplied with clean bed linen and towels and is reasonably accessible to proper toilet and wash-basin facilities;

“serviced housing accommodation” means housing accommodation for which light, heat, fuel, water, gas or electricity are provided at the expense of the employer. R.R.O. 1990, Reg. 324, s. 1.

2. This Regulation applies to an employee who is employed on a farm to harvest fruit, vegetables or tobacco for marketing or storage. R.R.O. 1990, Reg. 324, s. 2.

3. Subject to section 4, every employer shall pay a minimum wage of not less than,

(a) $6.40 an hour to an employee who is a student under 18 years of age if the weekly hours of the student are not in excess of 28 hours or if the student is employed during a school holiday; and

(b) $6.85 an hour to an employee other than an employee mentioned in clause (a). O. Reg. 675/94, s. 1.

4. Where a piece work rate being paid to employees other than an employee mentioned in clause 3 (a) is customarily and generally recognized in the area as having been set so that an employee exercising reasonable effort would, if paid such a rate, earn at least the minimum wage prescribed in section 3, the employer shall be deemed to have paid an employee the minimum wages so prescribed. R.R.O. 1990, Reg. 324, s. 4.

5. If housing accommodation, room and meals, or any of them, are taken into account by the employer in calculating the minimum wage of an employee, the maximum amount at which such housing accommodation, room and meals, or any of them, is valued shall be as follows:

1.	Serviced housing accommodation	$99.35 a week.
2.	Housing accommodation	$73.30 a week.
3.	Room	$31.70 a week if the room is private and $15.85 a week if the room is not private.
4.	Meals	$2.55 a meal and not more than $53.55 a week.
5.	Both room and meals	$85.25 a week if the room is private and $69.40 a week if the room is not private.

O. Reg. 675/94, s. 2.

6. Despite any other regulation, every employer shall give to an employee who has been employed by the employer for thirteen weeks or more a vacation with pay or pay the employee vacation pay under Part VIII of the Act. R.R.O. 1990, Reg. 324, s. 6.

7. (1) Despite any other regulation, an employee who has been employed by an employer for a period of thirteen weeks or more and who is not excluded under clause 25 (1) (b), (c), (d) or (e) of the Act is entitled to the employment standard provided in Part VII of the Act for a public holiday. R.R.O. 1990, Reg. 324, s. 7 (1).

(2) For the purposes of this section, an employee to whom this Regulation applies shall be deemed to be employed in a continuous operation. R.R.O. 1990, Reg. 324, s. 7 (2).