R.R.O. 1990, Reg. 652: DUTIES OF EMPLOYERS AND ADVISORY COMMITTEES

under Industrial Standards Act, R.S.O. 1990, c. I.6

Versions

revoked or spent September 4, 2001

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Industrial Standards Act

REGULATION 652

Amended to O. Reg. 295/01

DUTIES OF EMPLOYERS AND ADVISORY COMMITTEES

Note: This Regulation was revoked on the day subsection 144 (5) of the Employment Standards Act, 2000 comes into force. This day has been named as September 4, 2001. See: O. Reg. 295/01, ss. 1, 4.

This is the English version of a bilingual regulation.

1. In this Regulation,

“decision” includes a ruling, order and finding of fact; (“décision”)

“party concerned” means an appellant or respondent. (“partie visée”) R.R.O. 1990, Reg. 652, s. 1.

2. In addition to the information required by section 13 of the Act, an employer shall include in the record, and keep for a period of at least twelve months after work is performed by an employee,

(a) the amount of wages paid to each employee for work performed,

(i) during the regular working day and the regular working week, and

(ii) other than during the regular working day or the regular working week,

established by any Schedule that applies to the employee and the date of the payment;

(b) the hourly, daily, weekly or monthly rate used in computing wages paid to an employee on time-work;

(c) the amount of each kind of work performed by an employee who is paid on a piece-work or unit-price rate on an incentive or production basis and the piece-work rate or unit-price rate used in computing the employee’s wages;

(d) the period of any vacation taken by an employee and the amount of vacation pay paid to the employee or the payment in lieu of vacation with pay and the date of the payment in each case;

(e) the rate of commission or percentage used in computing the wages of an employee who is paid on a commission or percentage basis;

(f) the number of hours of work performed by each employee,

(i) during the regular working day and the regular working week, and

(ii) other than during the regular working day or the regular working week, established by the Schedule that applies to the employee;

(g) the hours of the day and each day of the week on which work was performed by each employee;

(h) the work or operation performed in the industry by an employee and where a schedule classifies employees, the classification of the employee;

(i) the city, town, village or township where the work or operation was performed; and

(j) the number of hours in each day and week that an employee was required to remain on the employer’s premises and was not required to perform any work. R.R.O. 1990, Reg. 652, s. 2.

3. Where a Schedule for an industry assesses an employee, the employer shall,

(a) deduct the amount of the assessment from the wages of the employee; and

(b) before the 10th day of each month,

(i) remit to the advisory committee established for the Schedule the amount of the assessment deducted under clause (a) and the amount for which the employer is assessed under the Schedule, and

(ii) furnish the advisory committee with the information required by subsection 13 (1) of the Act and the information required by section 2 of this Regulation for the last preceding calendar month. R.R.O. 1990, Reg. 652, s. 3.

4. An advisory committee established for a schedule shall,

(a) keep written records of all proceedings and resolutions of each meeting held by it; and

(b) send to the Director forthwith after the meeting a true copy of those records, signed by the members of the committee present at the meeting. R.R.O. 1990, Reg. 652, s. 4.

APPEALS FROM ADVISORY COMMITTEES

5. (1) An appeal to the Director from the decision of an advisory committee shall be commenced by filing with the Director a notice of appeal in Form 1.

(2) Subject to subsection (3), a notice of appeal shall be filed within thirty days after the making of the decision.

(3) The Director may at any time before or after the expiry of the thirty-day period extend the time for filing a notice of appeal where the Director is satisfied that an appellant did not comply with subsection (2) because the decision did not come to the appellant’s notice in sufficient time for the notice of appeal to be filed within the thirty-day period. R.R.O. 1990, Reg. 652, s. 5.

6. (1) As soon as practicable after a notice of appeal is filed, the Director shall send to the appellant and to each respondent at their addresses stated in the notice of appeal,

(a) a notice of hearing in Form 2; and

(b) a copy of the notice of appeal.

(2) The Director shall allow at least seven clear days between the date of mailing the notice and the date for the hearing.

(3) If any party concerned or any witness fails to attend a hearing on the date and at the time and place appointed, the hearing may proceed and a decision may be made in the party’s absence. R.R.O. 1990, Reg. 652, s. 6.

7. At the hearing of an appeal, each party concerned is entitled to hear the evidence against the party, to cross-examine thereon, to call witnesses in the party’s behalf and to present argument. R.R.O. 1990, Reg. 652, s. 7.

8. A party concerned may conduct an appeal personally or be represented by counsel or by any agent acceptable to the Director. R.R.O. 1990, Reg. 652, s. 8.

9. Within thirty days after the hearing, the Director shall send a true copy of his or her decision to each party concerned. R.R.O. 1990, Reg. 652, s. 9.

ADVISORY COMMITTEES

10. The members of an advisory committee established under section 18 of the Act shall be appointed for a term not exceeding three years and are eligible for reappointment. R.R.O. 1990, Reg. 652, s. 10.

11. The members of an advisory committee shall recommend to the Minister one of the members to be appointed as chair for a term not exceeding the term of his or her appointment. R.R.O. 1990, Reg. 652, s. 11.

12. The position of chair of an advisory committee shall rotate between members representing employers and members representing employees. R.R.O. 1990, Reg. 652, s. 12.

13. No member shall have his or her term as chair extended upon his or her reappointment to an advisory committee without the approval of the Minister. R.R.O. 1990, Reg. 652, s. 13.

14. A vacancy in the membership of an advisory committee may be filled by the appointment by the Minister of a person to fill the unexpired term. R.R.O. 1990, Reg. 652, s. 14.

15. Where a member of an advisory committee fails to attend three consecutive regular meetings of the advisory committee without cause, the committee may recommend to the Minister that the appointment of such member be revoked. R.R.O. 1990, Reg. 652, s. 15.

16. Every advisory committee shall meet regularly at least once every three months, but where such meetings do not occur, the Minister shall be advised thereof together with the reasons therefor by a member of the advisory committee. R.R.O. 1990, Reg. 652, s. 16.

17. The amount of money paid as remuneration to members of an advisory committee shall not be increased without the approval of the Director. R.R.O. 1990, Reg. 652, s. 17.

18. Upon the request in writing of an employer or employee in the industry governed by a schedule administered by an advisory committee, the advisory committee shall furnish to the employer or employee, as the case may be, without charge, a copy of its last audited annual financial statement. R.R.O. 1990, Reg. 652, s. 18.

19. A financial statement referred to in section 18 shall contain a balance sheet, statement of income and expenditures and such other information as the Director may require. R.R.O. 1990, Reg. 652, s. 19.

20. (1) Every advisory committee shall prepare and forward an annual summary that contains a general review of its activities together with such other information as the Director may require, to each employer affected by a schedule administered by the advisory committee within three months after the close of the fiscal year of the advisory committee.

(2) Every employer referred to in subsection (1) shall post a copy of the annual summary in a conspicuous place where it may be seen and read by the employer’s employees. R.R.O. 1990, Reg. 652, s. 20.

FORM 1

Industrial Standards Act

NOTICE OF APPEAL TO THE DIRECTOR OF LABOUR STANDARDS