R.R.O. 1990, Reg. 326: RESIDENTIAL CARE WORKERS

Employment Standards Act
Loi sur les normes d’emploi

REGULATION 326

Amended to: O. Reg. 293/01

RESIDENTIAL CARE WORKERS

Note: This Regulation was revoked on the day Parts I to XXVII of the Employment Standards Act, 2000 comes into force.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. 4, 9.

This Regulation is made in English only.

1. In this Regulation,

“day” means the twenty-four hour period between 12 o’clock in the forenoon and 12 o’clock in the afternoon of the same day;

“minimum wage” means the general minimum wage prescribed under Regulation 325 of the Revised Regulations of Ontario, 1990;

“residential care worker” means a person who is employed to supervise and care for children or developmentally handicapped persons in a family-type residential dwelling or cottage and who resides in the dwelling or cottage during work periods, but does not include a foster parent. R.R.O. 1990, Reg. 326, s. 1.

2. This Regulation applies to an employee who is employed as a residential care worker. R.R.O. 1990, Reg. 326, s. 2.

3. (1) Subject to subsection (2), every employer of a residential care worker shall pay to such worker for each day of work wages in a minimum amount not less than an amount calculated by multiplying twelve hours by the worker’s regular rate which rate shall not be less than the minimum wage. R.R.O. 1990, Reg. 326, s. 3 (1).

(2) Where by arrangement with the employer, a residential care worker is free from the performance of normal and regular duties in a day and as a result works less than twelve hours, the worker shall be paid wages not less than an amount calculated by multiplying the number of hours worked by the worker’s regular rate as mentioned in subsection (1). R.R.O. 1990, Reg. 326, s. 3 (2).

4. In addition to the wage payable under section 3, a residential care worker shall be paid not less than his or her regular rate for not more than three additional hours worked in excess of twelve hours of work in a day, where the residential care worker makes and keeps an accurate daily record of the number of hours worked in the day and provides the record to the employer on or before the pay day next following the pay day for the pay period in which the work is performed. R.R.O. 1990, Reg. 326, s. 4.

5. Where meals or room or both are taken into account by an employer in calculating the wage payable under sections 3 and 4, the maximum amount at which meals or room or both shall be valued for the purpose of determining if the minimum wage has been paid to the residential care worker shall be determined in accordance with Regulation 325 of the Revised Regulations of Ontario, 1990. R.R.O. 1990, Reg. 326, s. 5.

6. (1) Every employer shall give to a residential care worker not less than thirty-six hours, either consecutive or as may be arranged with the consent of the worker, in each work week free from the performance of any duties for the employer. R.R.O. 1990, Reg. 326, s. 6 (1).

(2) Where at the request of the employer, and with the consent of the residential care worker, work is performed by the residential care worker during a free hour mentioned in subsection (1), such free hour shall be added to one of the next eight subsequent thirty-six hours of time free from the performance of any duties. R.R.O. 1990, Reg. 326, s. 6 (2).

(3) Where no compensating time free from the performance of duties is given as prescribed by subsection (2), the employer shall pay the residential care worker at least one and one-half times his or her regular rate for the time spent in performing duties during a free hour. R.R.O. 1990, Reg. 326, s. 6 (3).

7. Work shall be deemed not to be performed during any agreed upon time free from the performance of any duties spent by the residential care worker at the dwelling or cottage or while the residential care worker is attending to private affairs or pursuits or while he or she is resting, sleeping or eating. R.R.O. 1990, Reg. 326, s. 7.

8. Subclause 11 (1) (a) (iii) and Parts IV and VI of the Act do not apply to or in respect of a residential care worker. R.R.O. 1990, Reg. 326, s. 8.