R.R.O. 1990, Reg. 662: SCHEDULE - PLASTERING INDUSTRY - OTTAWA

Industrial Standards Act
Loi sur les normes industrielles

REGULATION 662

Amended to: O. Reg. 296/01

SCHEDULE — PLASTERING 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Note: This Regulation was revoked on the day subsection 144 (5) of the Employment Standards Act, 2000 comes into force.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. 4, 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 plastering industry. R.R.O. 1990, Reg. 662, 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.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 8 a.m. and 4.30 p.m. where one-half of an hour is given for noon recess.

3.(1)Night work is work performed by an employee other than,

(a) on a holiday; or

(b) during a regular working day,

and consisting of not more than eight hours of work in a period of twenty-four hours.

(2)Where work cannot be performed during a regular working day it may be performed by night work.

MINIMUM RATES OF WAGES

4.The minimum rate of wages for work performed during a regular working day and for night work is $4.00 an hour.

SHIFT WORK

5.(1)Where work is performed in two or more regular shifts, an employee shall be deemed to be employed on shift work where,

(a) the shifts of not more than eight hours each are operated between 1 a.m. on Monday and 8 a.m. on Saturday of the same week; and

(b) an employee does not work more than forty hours between 1 a.m. on Monday and 8 a.m. on Saturday of the same week.

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

(3)An employee who works on a day shift shall be deemed to be employed during a regular working day.

(4)No employee, other than a foreman, shall work on more than one shift in any period of twenty-four hours.

OVERTIME WORK

6.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.

7.(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 this Schedule.

8.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 work is necessary to prevent the loss of employment to persons who are regularly employed in the buildings being altered or repaired.

RATES OF WAGES FOR OVERTIME WORK

9.The rate of wages for overtime work is,

(a) for overtime work performed up to 10 p.m. on a regular working day, $6.00 an hour;

(b) for overtime work performed on shift work, $4.57 an hour; and

(c) for all other overtime work, $8.00 an hour.

RATE FOR HANDICAPPED

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

VACATIONS

11.(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 the employee’s 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 the period of entitlement.

(3)Where an employee has ceased to be employed by the employee’s 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.

R.R.O. 1990, Reg. 662, Sched.