O. Reg. 764/20: TERMS AND CONDITIONS OF EMPLOYMENT IN DEFINED INDUSTRIES - HOSPITALITY, TOURISM AND CONVENTION AND TRADE SHOW INDUSTRIES
filed December 17, 2020 under Employment Standards Act, 2000, S.O. 2000, c. 41Skip to content
ontario regulation 764/20
made under the
Employment Standards Act, 2000
Made: December 16, 2020
Filed: December 17, 2020
Published on e-Laws: December 17, 2020
Printed in The Ontario Gazette: January 2, 2021
terms and conditions of employment in defined industries - hospitality, tourism and convention and trade show industries
1. In this Regulation,
“convention and trade show industry” includes businesses engaged in organizing, promoting or supporting conventions or trade shows, whether or not they operate the facilities in which these events take place; (“industrie des congrès, des salons et des foires commerciales”)
“defined industries” means the hospitality industry, the tourism industry and the convention and trade show industry; (“industries définies”)
“hospitality industry” includes businesses that provide accommodation, lodging, meals or beverages for payment, and includes hotels, motels, motor hotels, tourist homes, tourist camps, tourist cabins and cottages, tourist inns, restaurants, bars, catering services and all other businesses of a similar nature; (“industrie hôtelière”)
“tourism industry” includes businesses engaged in,
(a) travel arrangement, reservation services or tour operations,
(b) producing, organizing or promoting live presentations that involve the performances of actors, singers, dancers, musical groups, artists, athletes or other entertainers,
(c) preserving or exhibiting objects, sites or natural wonders of historical, cultural or educational value, or
(d) operating recreation, amusement or gambling facilities or services, including casinos. (“industrie du tourisme”)
2. (1) This Regulation is restricted in its application to,
(a) employees in the defined industries who are represented by a trade union; and
(b) employers of employees described in clause (a).
(2) This Regulation does not apply to the Crown, a Crown agency or an authority, board, commission or corporation at least one of whose members is appointed by the Crown, or to any employees of such an employer.
Terms and conditions of employment
3. This Regulation sets out terms and conditions of employment that apply to employees and employers described in section 2.
Elections re recall rights
4. (1) If an employer and the trade union that represents an employee agree, subsections (2) to (7) apply to that employer and employee instead of subsections 67 (3) to (5) and (7) to (9) of the Act.
(2) Subject to subsections (3) and (4), the employee may elect to be paid the termination pay or severance pay forthwith or to retain the right to be recalled.
(3) If the employee is entitled to both termination pay and severance pay, the same election shall be made in respect of each.
(4) A trade union may elect to retain the right to be recalled on behalf of some or all of the employees it represents and if such an election is made, the following rules apply:
1. The election is binding on the employee in respect of whom it is made unless the employee elected to be paid prior to the trade union’s election.
2. The employee may not renounce the right to be recalled before the date agreed to by the employer and the trade union.
3. The trade union may not renounce the right to be recalled on behalf of the employee.
(5) If no election is made on an employee’s behalf under subsection (4) and the employee elects to be paid under subsection (2), the employee shall be deemed to have abandoned the right to be recalled.
(6) If the employee accepts employment made available under the right of recall, the employee shall be deemed to have abandoned the right to termination pay and severance pay.
(7) Subject to the limit set out in paragraph 2 of subsection (4), if the employee renounces the right to be recalled or the right expires, the employer shall pay the termination pay and severance pay to which the employee is entitled forthwith to the employee and, if the right to be recalled had not expired, the employee shall be deemed to have abandoned the right.
5. This Regulation is revoked on the first anniversary of the day it is filed.