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R.R.O. 1990, Reg. 655: SCHEDULE - BRICKLAYING AND STONEMASONRY INDUSTRY - OTTAWA

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

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Versions
revoked or spent September 4, 2001

Industrial Standards Act
Loi sur les normes industrielles

REGULATION 655

Amended to: O. Reg. 296/01

SCHEDULE — BRICKLAYING AND STONEMASONRY INDUSTRY — OTTAWA

Note: This Regulation was revoked on the day subsection 144 (5) of the Employment Standards Act, 2000 comes into force.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. 296/01, ss. 2, 6.

This Regulation is made in English only.

1. The Schedule is in force during pleasure within the Ottawa zone and is binding upon the employers and employees, in the bricklaying and stonemasonry industry. R.R.O. 1990, Reg. 655, s. 1.

SCHEDULE

DEFINITION

1.In this Schedule,

“holiday” means,

(a) Saturday;

(b) Sunday;

(c) New Year’s Day;

(d) Good Friday;

(e) Victoria Day;

(f) Canada Day;

(g) Labour Day;

(h) Thanksgiving Day; and

(i) Christmas Day.

HOURS OF WORK

2.(1)The regular working periods for the industry are,

(a) a regular working week consisting of not more than forty hours of work performed during the regular working days; and

(b) a regular working day consisting of not more than eight hours of work performed on Monday, Tuesday, Wednesday, Thursday or Friday, between 7.45 a.m. and 4.30 p.m.

(2)Where the work cannot reasonably be performed during the hours prescribed in clause (1) (b), it may be performed during any other hours if an employee does not work more than eight hours, and this work is night work.

3.The minimum rate of wages for work performed during the regular working day and for night work is $5.35 an hour.

SHIFT WORK

4.(1)Where work is performed in two or more regular shifts and if an employee works not more than eight hours in a twenty-four hour period, the employee is deemed to be employed during a regular working day for the purpose of this Schedule.

(2)One of the shifts that begins in a twenty-four hour period is a day shift and the rest are night shifts.

(3)An employee who works on a night shift is entitled, as a minimum, to wages for eight hours for work of seven hours.

(4)In all cases governed by subsection (1), no overtime work shall be performed.

OVERTIME WORK

5.Overtime work is work,

(a) that is not night work and is not performed during a regular working day; or

(b) that is performed on a holiday.

6.(1)No overtime work shall be performed in the industry without a permit from the advisory committee.

(2)The advisory committee is authorized to issue the permits subject to the terms and conditions of this Schedule.

7.(1)No permit for overtime work shall be issued to any person other than an employer.

(2)No permit shall be issued by the advisory committee for overtime work on a holiday except,

(a) in cases of extreme necessity where life or property is jeopardized; or

(b) where the overtime work is necessary to prevent the loss of employment to persons who are regularly employed in the buildings being altered or repaired.

RATE OF WAGES FOR OVERTIME WORK

8.The rate of wages for overtime work is,

(a) for overtime work performed during the two-hour period immediately following the regular working day, $8.02½ an hour, and

(b) for all other overtime work, $10.70 an hour.

VACATIONS

9.(1)In this section,

“period of entitlement” means the period from the 1st day of July in any year to the 30th day of June in the year next following.

(2)Where an employee has not ceased to be employed by his or her employer, the employee is entitled to be paid by the employer on the 30th day of June in each year, as vacation with pay, an amount equal to 4 per cent of the employee’s gross earnings during his or her period of entitlement.

(3)Where an employee has ceased to be employed by his or her employer, the employee is entitled to be paid by the employer, within ten days of the cessation of employment, as vacation with pay, an amount equal to 4 per cent of the employee’s gross earnings for that part of the employee’s period of entitlement that he or she was in the employ of the employer.

ADVISORY COMMITTEE

10.The advisory committee is authorized to fix a minimum rate of wages lower than the rate fixed by this Schedule for an individual,

(a) whose work is only partly subject to the Schedule; or

(b) who is handicapped.

R.R.O. 1990, Reg. 655, Sched.