O. Reg. 162/04: PROCEEDINGS COMMENCED BY CERTIFICATE OF OFFENCE, Filed June 10, 2004 under Provincial Offences Act, R.S.O. 1990, c. P.33
ontario regulation 162/04
made under the
provincial offences act
Made: June 9, 2004
Filed: June 10, 2004
Printed in The Ontario Gazette: June 26, 2004
Amending Reg. 950 of R.R.O. 1990
(Proceedings Commenced by Certificate of Offence)
1. Regulation 950 of the Revised Regulations of Ontario, 1990 is amended by adding the following Schedules:
SCHEDULE 4.2
Employment Standards Act, 2000
Item |
Column 1 |
Column 2 |
1. |
Fail to post materials |
subsection 2 (1) |
2. |
Fail to post translated materials |
subsection 2 (3) |
3. |
Fail to pay wages on regular pay day |
subsection 11 (1) |
4. |
Fail to pay wages within time allowed after employment ends |
subsection 11 (5) |
5. |
Fail to give wage statement |
subsection 12 (1) |
6. |
Fail to give wage statement within time allowed after employment ends |
section 12.1 |
7. |
Improperly withhold or deduct from wages |
subsection 13 (1) |
8. |
Fail to make records |
subsection 15 (1) |
9. |
Fail to maintain homeworker register |
subsection 15 (2) |
10. |
Fail to retain records |
subsection 15 (5) |
11. |
Fail to retain documents |
subsection 15 (7) |
12. |
Fail to make vacation records |
subsection 15.1 (1) |
13. |
Fail to retain vacation records |
subsection 15.1 (5) |
14. |
Fail to keep records readily available |
section 16 |
15. |
Require or permit hours of work to exceed limits |
subsection 17 (1) |
16. |
Fail to give 11 hours free from work in day |
subsection 18 (1) |
17. |
Fail to give 8 hours free from work between shifts |
subsection 18 (3) |
18. |
Fail to give weekly or bi-weekly period free from work |
subsection 18 (4) |
19. |
Fail to give eating period |
subsection 20 (1) |
20. |
Fail to pay overtime pay |
subsection 22 (1) |
21. |
Fail to pay overtime pay — employment ended before time off in lieu taken |
subsection 22 (8) |
22. |
Fail to pay minimum wage |
subsection 23 (1) |
23. |
Fail to give day off with public holiday pay — day ordinarily a working day |
subsection 26 (1) |
24. |
Fail to pay regular pay, give substitute day off with public holiday pay or pay premium pay plus public holiday pay — employee agreed to work — day ordinarily a working day |
subsection 27 (2) |
25. |
Fail to pay regular pay, give substitute day off with public holiday pay or pay premium pay plus public holiday pay — employee required to work — day ordinarily a working day |
subsection 28 (2) |
26. |
Fail to give substitute day off with public holiday pay — day not ordinarily a working day |
subsection 29 (1) |
27. |
Fail to pay public holiday pay — employee agreed to public holiday pay in lieu of substitute day — day not ordinarily a working day |
subsection 29 (3) |
28. |
Fail to pay regular pay, give substitute day off with public holiday pay or pay premium pay plus public holiday pay — employee agreed to work — day not ordinarily a working day |
subsection 30 (2) |
29. |
Fail to pay public holiday pay — employment ended before substitute day |
section 32 |
30. |
Fail to give vacation time |
subsection 33 (1) |
31. |
Fail to give vacation time — stub period |
subsection 34 (2) |
32. |
Fail to pay vacation pay |
section 35.2 |
33. |
Fail to pay vacation pay accrued when employment ends |
section 38 |
34. |
Fail to give vacation statement |
subsection 41.1 (1) |
35. |
Fail to give notice of termination or pay in lieu of notice |
section 54 |
36. |
Fail to pay severance pay |
section 64 |
37. |
Fail to pay into trust — non-union employee elects to retain recall rights |
subsection 67 (6) |
38. |
Fail to produce records or provide assistance |
subsection 91 (8) |
39. |
Fail to post notice |
section 93 |
SCHEDULE 4.3
Ontario Regulation 285/01 made under the Employment Standards Act, 2000
Item |
Column 1 |
Column 2 |
1. |
Fail to advise homeworker of type of work or basis for payment in writing |
subsection 12 (1) |
2. |
Fail to advise homeworker of completion deadline in writing |
subsection 12 (2) |
3. |
Fail to pay residential care worker minimum amount |
section 20 |
4. |
Fail to provide free time to residential care worker |
subsection 21 (1) |
5. |
Fail to add to free time or pay one and one-half times regular rate — residential care worker consented to work during free hour |
subsection 21 (2) |
6. |
Fail to pay elect to work employee one and one-half times regular rate for work on public holiday |
section 29 |
SCHEDULE 4.4
Ontario Regulation 291/01 made under the Employment Standards Act, 2000
Item |
Column 1 |
Column 2 |
1. |
Fail to pay — employee deemed to have worked 4 hours |
section 3 |
2. |
Require or allow work at prohibited time |
subsection 5 (1) |
3. |
Require or allow work in excess of daily limit or on Saturday or Sunday — employee not a homeworker |
subsection 11 (1) |
4. |
Require or allow work in excess of weekly limit — homeworker |
subsection 11 (2) |
5. |
Allow work in excess of 60 hours in week where written agreement |
subsection 11 (4) |
6. |
Fail to give paid break — special rate work at end of day |
subsection 12 (1) |
7. |
Fail to give eating period — special rate work on Saturday or Sunday |
subsection 12 (3) |
8. |
Fail to pay special rate work |
section 13 |
9. |
Fail to give vacation |
subsection 15 (1) |
10. |
Fail to pay vacation pay |
subsection 16 (1) |
11. |
Fail to pay year-end vacation payment |
subsection 17 (1) |
12. |
Fail to pay industry holiday pay |
subsection 18 (1) |
13. |
Fail to pay industry holiday pay plus special rate — employee required to work on Victoria Day or Canada Day |
subsection 19 (3) |
14. |
Fail to give substitute day for Victoria Day or Canada Day — employee agreed to work |
subsection 19 (4) |