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filed May 6, 2016 under Employment Standards Act, 2000, S.O. 2000, c. 41

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ontario regulation 125/16

made under the

Employment Standards Act, 2000

Made: May 4, 2016
Filed: May 6, 2016
Published on e-Laws: May 6, 2016
Printed in The Ontario Gazette: May 21, 2016

Tips and Other Gratuities

Credit card charges

1. For the purposes of subsection 14.1 (2) of the Act, a tip or other gratuity does not include the portion of a service charge or similar charge imposed by a credit card company on an employer for processing a credit card payment made to the employer by a customer, as determined in accordance with the following:

1. Multiply the total amount of the tip or other gratuity by the greater of,

i. the per cent charged by the credit card company for processing the payment, and

ii. 1.5 per cent.


2. This Regulation comes into force on the later of the day section 1 of the Protecting Employees’ Tips Act, 2015 comes into force and the day this Regulation is filed.