O. Reg. 526/17: EXEMPTIONS, SPECIAL RULES AND ESTABLISHMENT OF MINIMUM WAGE, Filed December 18, 2017 under Employment Standards Act, 2000, S.O. 2000, c. 41

ontario regulation 526/17

made under the

Employment Standards Act, 2000

Made: December 13, 2017
Filed: December 18, 2017
Published on e-Laws:
Printed in The Ontario Gazette: January 6, 2018

Amending O. Reg. 285/01

(EXEMPTIONS, SPECIAL RULES AND ESTABLISHMENT OF MINIMUM WAGE)

1.  The title of Ontario Regulation 285/01 is revoked and the following substituted:

When Work deemed to be performed, Exemptions and special rules

2.  Section 1.1 of the Regulation is revoked and the following substituted:

When Work Deemed to be Performed

When work deemed to be performed

1.1  (1)  Subject to subsection (2), work shall be deemed to be performed by an employee for the employer,

(a) where work is,

(i) permitted or suffered to be done by the employer, or

(ii) in fact performed by an employee although a term of the contract of employment expressly forbids or limits hours of work or requires the employer to authorize hours of work in advance; or

(b) where the employee is not performing work and is required to remain at the place of employment,

(i) waiting or holding himself or herself ready for call to work, or

(ii) on a rest or break-time other than an eating period.

(2)  Work shall not be deemed to be performed for an employer during the time the employee,

(a) is entitled to,

(i) take time off work for an eating period,

(ii) take at least six hours or such longer period as is established by contract, custom or practice for sleeping and the employer furnishes sleeping facilities, or

(iii) take time off work in order to engage in the employee’s own private affairs or pursuits as is established by contract, custom or practice; or

(b) is not at the place of employment and is waiting or holding himself or herself ready for call to work.

3.  The heading before section 3 of the Regulation is revoked and the following substituted:


Special Rules re Personal Emergency Leave

4.  The Regulation is amended by adding the following section immediately before the heading “Exemption re Certain Deductions, etc.”:

Construction employee

3.0.1  If a construction employee who works in the construction industry receives 0.8 per cent or more of his or her hourly rate or wages for personal emergency pay, the employee,

 

(a) is not entitled to paid days of leave under section 50 of the Act; and

(b) is entitled to take a total of 10 days of unpaid leave under section 50 of the Act in each calendar year.

5.  The Regulation is amended by adding the following sections:

Exemptions re Scheduling

Exemptions from Part VII.2 of Act

4.1  (1)  Sections 21.5 and 21.6 of the Act do not apply to a person employed in the recorded visual and audio-visual entertainment production industry.

(2)  Sections 21.4, 21.5 and 21.6 of the Act do not apply to an employee referred to in clause 2 (a) of Ontario Regulation 502/06 (Terms and Conditions of Employment in Defined Industries — Automobile Manufacturing, Automobile Parts Manufacturing, Automobile Parts Warehousing and Automobile Marshalling) made under the Act.

Exemptions from Part VI of Act

4.2  (1)  Paragraph 3.4 of subsection 15 (1) of the Act does not apply with respect to an employee referred to in subsection 4.1 (1) of this Regulation.

(2)  Paragraphs 3.3 and 3.4 of subsection 15 (1) of the Act do not apply with respect to an employee referred to in subsection 4.1 (2) of this Regulation.

6.  The heading before section 5 of the Regulation is revoked and the following substituted:


Rules re Minimum Wage

7.  (1)  Subsections 5 (1) and (3) of the Regulation are revoked.

(2)  Section 5 of the Regulation is revoked and the following substituted:

Room and board

5.  (1)  If an employer provides room or board to an employee, the following are the amounts that shall be deemed to have been paid as wages for the purposes of determining whether the minimum wage has been paid:

1. For room, $31.70 a week if the room is private and $15.85 a week if the room is not private.

2. For board, $2.55 a meal and not more than $53.55 a week.

3. For both room and board, $85.25 a week if the room is private and $69.40 a week if the room is not private.

(2)  The amount provided in subsection (1) in respect of a room shall be deemed to have been paid as wages only if the room is,

(a) reasonably furnished and reasonably fit for human habitation;

(b) supplied with clean bed linen and towels; and

(c) reasonably accessible to proper toilet and wash-basin facilities.

(3)  Room or board shall not be deemed to have been paid by the employer to an employee as wages unless the employee has received the meals or occupied the room.

8.  Section 5.1 of the Regulation is revoked.

9.  Section 6 of the Regulation is revoked.

10.  Subsection 9 (2) of the Regulation is revoked and the following substituted:

(2)  Part X of the Act does not apply to a construction employee who works in the construction industry if,

(a) the employee’s period of employment is less than five years and the employee receives 7.7 per cent or more of his or her hourly rate or wages for vacation pay or holiday pay; or

(b) the employee’s period of employment is five years or more and the employee receives 9.7 per cent or more of his or her hourly rate or wages for vacation pay or holiday pay.

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

Exemptions Re Equal Pay For Equal Work

Exemptions from Part XII of Act

9.1  Section 42.1 of the Act does not apply to,

(a) a person employed as a firefighter as defined in section 1 of the Fire Protection and Prevention Act, 1997;

(b) 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; or

(c) a person employed in the recorded visual and audio-visual entertainment production industry.

12.  Subsection 11 (2) of the Regulation is amended by striking out “section 6” and substituting “section 1.1”.

13.  The French version of subsection 19 (2) of the Regulation is amended by striking out “le repas” wherever it appears and substituting in each case “les repas”.

14.  Subsection 20 (2) of the Regulation is amended by striking out “section 6” and substituting “section 1.1”.

15.  Section 22 of the Regulation is amended by striking out “section 6” in the portion before paragraph 1 and substituting “section 1.1”.

16.  (1)  Subsection 25 (3) of the Regulation is amended by striking out “paragraph 1 of subsection 5 (1)” at the end and substituting “subparagraph 1 i or 2 i of subsection 23.1 (1) of the Act”.

(2)  The French version of subsection 25 (5) of the Regulation is amended by striking out “le repas” wherever it appears and substituting in each case “les repas”.

Commencement

17.  (1)  Subject to subsections (2) and (3), this Regulation comes into force on the later of January 1, 2018 and the day it is filed.

(2)  Section 5 and subsection 7 (2) come into force on the later of January 1, 2019 and the day this Regulation is filed.

(3)  Section 11 comes into force on the later of April 1, 2018 and the day this Regulation is filed.