O. Reg. 401/03: Exemptions, Special Rules and Establishment of Minimum Wage

 

ontario regulation 401/03

made under the

Employment standards act, 2000

Made: November 26, 2003
Filed: December 1, 2003
Printed in The Ontario Gazette: December 20, 2003

Amending O. Reg. 285/01

(Exemptions, Special Rules and Establishment of Minimum Wage)

1. (1) Subsection 5 (1) of Ontario Regulation 285/01 is revoked and the following substituted:

(1) Until January 31, 2004, the prescribed minimum wage is as follows:

1. For 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, $6.40 an hour.

2. For an employee who, as a regular part of his or her employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act, $5.95 an hour.

3. For the services of a hunting or fishing guide, $34.25 for less than five consecutive hours in a day and $68.50 for five or more hours in a day whether or not the hours are consecutive.

4. For an employee who is a homeworker, 110 per cent of the amount set out in paragraph 5.

5. For any other employee, $6.85 an hour.

(1.1) From February 1, 2004 until January 31, 2005, the prescribed minimum wage is as follows:

1. For 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, $6.70 an hour.

2. For an employee who, as a regular part of his or her employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act, $6.20 an hour.

3. For the services of a hunting or fishing guide, $35.75 for less than five consecutive hours in a day and $71.50 for five or more hours in a day whether or not the hours are consecutive.

4. For an employee who is a homeworker, 110 per cent of the amount set out in paragraph 5.

5. For any other employee, $7.15 an hour.

(1.2) From February 1, 2005 until January 31, 2006, the prescribed minimum wage is as follows:

1. For 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, $6.95 an hour.

2. For an employee who, as a regular part of his or her employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act, $6.50 an hour.

3. For the services of a hunting or fishing guide, $37.25 for less than five consecutive hours in a day and $74.50 for five or more hours in a day whether or not the hours are consecutive.

4. For an employee who is a homeworker, 110 per cent of the amount set out in paragraph 5.

5. For any other employee, $7.45 an hour.

(1.3) From February 1, 2006 until January 31, 2007, the prescribed minimum wage is as follows:

1. For 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, $7.25 an hour.

2. For an employee who, as a regular part of his or her employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act, $6.75 an hour.

3. For the services of a hunting or fishing guide, $38.75 for less than five consecutive hours in a day and $77.50 for five or more hours in a day whether or not the hours are consecutive.

4. For an employee who is a homeworker, 110 per cent of the amount set out in paragraph 5.

5. For any other employee, $7.75 an hour.

(1.4) From February 1, 2007 onwards, the prescribed minimum wage is as follows:

1. For 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, $7.50 an hour.

2. For an employee who, as a regular part of his or her employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act, $6.95 an hour.

3. For the services of a hunting or fishing guide, $40.00 for less than five consecutive hours in a day and $80.00 for five or more hours in a day whether or not the hours are consecutive.

4. For an employee who is a homeworker, 110 per cent of the amount set out in paragraph 5.

5. For any other employee, $8.00 an hour.

(2) Subsection 5 (2) of the Regulation is amended by striking out “subsection (1)” and substituting “subsection (1),  (1.1), (1.2), (1.3) or (1.4), as the case may be”.

(3) Subsection 5 (3) of the Regulation is amended by striking out “subsection (1)” and substituting “subsection (1), (1.1), (1.2), (1.3) or (1.4), as the case may be”.

(4) Subsection 5 (4) of the Regulation is amended by striking out “subsection (1)” and substituting “subsection (1), (1.1), (1.2), (1.3) or (1.4), as the case may be”.

(5) Subsection 5 (7) of the Regulation is amended by striking out “subsection (1)” and substituting “subsection (1), (1.1), (1.2), (1.3) or (1.4), as the case may be”.

2. The Regulation is amended by adding the following section:

s. 23 (4) of Act, change to minimum wage during pay period

5.1 If the prescribed minimum wage applicable with respect to an employee changes during a pay period, the calculations required by subsection 23 (4) of the Act shall be performed as if the pay period were two separate pay periods, the first consisting of the part falling before February 1 in the relevant year and the second consisting of the part falling on and after February 1 in that year.

3. Subsection 19 (2) of the Regulation is amended by striking out “subsection (1)” and substituting “subsection 5 (1), (1.1), (1.2), (1.3) or (1.4), as the case may be”.

4. (1) Subsection 25 (1) of the Regulation is amended by striking out “subsection 5 (1)” and substituting “subsection 5 (1), (1.1), (1.2), (1.3) or (1.4), as the case may be”.

(2) Subsection 25 (2) of the Regulation is amended by striking out “subsection 5 (1)” and substituting “subsection 5 (1), (1.1), (1.2), (1.3) or (1.4), as the case may be”.

(3) Subsection 25 (3) of the Regulation is amended by striking out “subsection 5 (1)” and substituting “subsection 5 (1), (1.1), (1.2), (1.3) or (1.4), as the case may be”.

(4) Subsection 25 (5) of the Regulation is amended by striking out “subsection 5 (1)” and substituting “subsection 5 (1), (1.1), (1.2), (1.3) or (1.4), as the case may be”.

5. Subsection 28 (2) of the Regulation is amended by striking out “subsection 5 (1)” and substituting “subsection 5 (1), (1.1), (1.2), (1.3) or (1.4), as the case may be”.