O. Reg. 147/19: WHEN WORK DEEMED TO BE PERFORMED, EXEMPTIONS AND SPECIAL RULES

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ontario regulation 147/19

made under the

Employment Standards Act, 2000

Made: May 30, 2019
Filed: June 3, 2019
Published on e-Laws: June 4, 2019
Printed in The Ontario Gazette: June 22, 2019

Amending O. Reg. 285/01

(WHEN WORK DEEMED TO BE PERFORMED, EXEMPTIONS AND SPECIAL RULES)

1. Section 1 of Ontario Regulation 285/01 is amended by adding the following definition:

“wilderness guide” means a person who is employed to guide, teach or assist one or more persons while those persons are engaged in activities in a wilderness environment, including the following activities:

(a) back-country skiing and snowshoeing,

(b) canoeing, kayaking, and rafting,

(c) dogsledding,

(d) hiking,

(e) horseback riding,

(f) rock climbing,

(g) operating all-terrain vehicles or snowmobiles,

(h) wildlife viewing,

(i) survival training,

but does not include,

(j) a hunting or fishing guide, or

(k) a student under 18 years of age who works 28 hours each week or less or who is employed during a school holiday. (“guide d’aventure”)

2. Clause 4 (1) (c) of the Regulation is revoked and the following substituted:

(c) a person employed as a hunting or fishing guide or a wilderness guide;

3. (1) Clause 4.1 (a) of the Regulation is amended by adding “unless the person is a wilderness guide” at the end.

(2) Clause 4.1 (b) of the Regulation is amended by adding “unless the person is a wilderness guide” at the end.

(3) Clause 4.1 (c) of the Regulation is amended by adding “unless the person is a wilderness guide” at the end.

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

Minimum wage for wilderness guides

6. (1) Wilderness guides are prescribed as a class of employees for the purposes of subsection 23.1 (2) of the Act.

(2) The minimum wage prescribed for the services of a wilderness guide is $70 for less than five consecutive hours in a day and $140 for five or more hours in a day, whether or not the hours are consecutive.

5. (1) Clause 7 (a) of the Regulation is amended by adding “unless the person is a wilderness guide” at the end.

(2) Clause 7 (b) of the Regulation is amended by adding “unless the person is a wilderness guide” at the end.

(3) Clause 7 (c) of the Regulation is amended by adding “unless the person is a wilderness guide” at the end.

6. Clause 8 (c) of the Regulation is revoked and the following substituted:

(c) a person employed as a hunting or fishing guide or a wilderness guide;

7. Clause 9 (1) (b) of the Regulation is revoked and the following substituted:

(b) a person employed as a hunting or fishing guide or a wilderness guide;

Commencement

8. This Regulation comes into force on the day it is filed.

 

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