1, s. 66 (2). (3), (4) Repealed: 2019, c. 4, Sched. No determination if application incomplete. 1, s. 38. (2) The employment of the employee shall be deemed not to have been terminated or severed for the purposes of this Act and his or her employment with the replaced provider shall be deemed to have been employment with the new provider for the purpose of any subsequent calculation of the employees length or period of employment. 2, s. 10. 5. (9) Any translation prepared by the Minister under subsection (6), as it read immediately before the day the Restoring Ontarios Competitiveness Act, 2019 received Royal Assent, is deemed to have been prepared by the Director. 2000, c.41, s.1 (3). 2017, c. 22, Sched. 1, s. 19. 6. Premium pay that was earned during the relevant pay period. (g) the net amount of wages being paid to the employee. (12) If an employee must begin a leave under this section before advising the employer, the employee shall advise the employer of the leave in writing as soon as possible after beginning it and shall provide the employer with a written plan that indicates the weeks in which the employee will take the leave. 2000, c.41, s.121 (2). 2009, c.9, s.3. 2018, c. 14, Sched. 1, s. 36. Any other information required by the Board. (3) Where an assignment employee is on a work assignment with a client of a temporary help agency or has been offered such an assignment on the day this section comes into force, the agency shall, as soon as possible after that day, provide the information required by subsection (1), in writing, to the employee. 2000, c.41, s.122 (4). I, s.1(11). 2, s. 33 (3)). 121 (1) If, as a result of a complaint or otherwise, the Director comes to believe that an employer, an organization of employers, an organization of employees or a person acting directly on behalf of any of them may have contravened Part XIII (Benefit Plans), the Director may refer the matter to the Board. 2009, c.9, s.3. (c) in the case of an order under section 74.16, 74.17 or 104, pays the lesser of the amount owing under the order and $10,000 to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director in that amount. J, s.3(16). 4. 2010, c.16, Sched. 2021, c. 9, s. 5 (5). 1, s. 23. (6) When the leave described in subsection (5) ends, if a legally qualified medical practitioner issues a certificate stating that the employee is not yet able to perform the duties of his or her position because of the organ donation and will not be able to do so for a specified time, the employee is entitled to extend the leave for the specified time, subject to subsection (7). (13) A determination made by the Board regarding an employers entitlement to reimbursement under this section is not a final decision of the Board for the purposes of the Workplace Safety and Insurance Act, 1997 and an employer has no right of reconsideration by, or appeal to, the Board or the Workplace Safety and Insurance Appeals Tribunal in respect of a determination made by the Board under this section. 101.2 Repealed: 2000, c. 41, s.101.2(7). (9) All applicable requirements and prohibitions under this Act apply to a leave deemed to have been taken under subsection (8). (19) The Ministry shall make payments to the Board to defray the costs of administering this section, including the cost of payments made to employers and the administration costs of the Board. Charging a fee to an assignment employee of the agency in connection with assisting or instructing him or her on preparing resumes or preparing for job interviews. 2000, c.41, s.49 (1); 2017, c. 22, Sched. 2000, c.41, s.119 (5). (19) An employee may take a leave at a time other than that indicated in the plan provided under subsection (17) or (18) if the change to the time of the leave meets the requirements of this section and, (a) the employee requests permission from the employer to do so in writing and the employer grants permission in writing; or. EXERCISE OF AUTHORITY WITHOUT COURT ORDER. 4. 2021, c. 35, Sched. (2) An employer may apply to the Board, in accordance with this section, to be reimbursed for payments made to an employee for paid leave taken under subsection 50.1 (1.2). Title: USCIS Form I-9 Subject: U.S. (d) in the prescribed circumstances, a member of a prescribed class of medical practitioners. 2017, c. 22, Sched. I, s.1(1); 2002, c.18, Sched. 351.301. 4.3 In the circumstances described in paragraph 4.2, notice of termination shall be given for the prescribed period or, if no applicable periods are prescribed. 351.252. The spouse of the employees grandchild, uncle, aunt, nephew or niece. If the employee, with reasonable cause, performs none of the work that he or she agreed to perform on the public holiday, the employer shall give the employee a substitute day off work in accordance with clause (2) (a) or, if an agreement was made under clause (2) (b), public holiday pay for the public holiday. (5) Despite subsection (4), subsections (1), (2) and (3) apply in respect of an employee during a period of postponement under subsection 53 (1.1), unless otherwise prescribed. (See: 2021, c. 35, Sched. (c) Repealed: 2021, c. 25, Sched. 2, s. 14. The officer wishes to determine whether a client in whose residence an assignment employee or prospective assignment employee resides is complying with this Act. (b) if some other manner of calculation is prescribed, the amount determined using that manner of calculation. DUTY OF CARE. 2000, c.41, s.67 (8). 2, s. 2 (1). 2021, c. 35, Sched. 2, s. 4. 2000, c.41, s.80(1). (1.1), (1.2) Repealed: 2018, c. 14, Sched. 1, s. 36. 2000, c.41, s.117 (4). 2009, c.16, s.2. 2000, c.41, s.87 (2). The amount of vacation time, if any, taken by the employee during the vacation entitlement year. 2000, c.41, s.73 (3); 2017, c. 22, Sched. 2021, c. 25, Sched. (4) If the language of an assignment employee is a language other than English, the temporary help agency shall make enquiries as to whether the Director has prepared a translation of the document into that language and, if the Director has done so, the agency shall also provide a copy of the translation to the employee. 2009, c.9, s.3. 2000, c.41, s.129 (4); 2009, c.9, s.24(2). (v) if the applicant is applying for a licence to act as a recruiter. Note: On a day to be named by proclamation of the Lieutenant Governor, section 141 of the Act is amended by adding the following subsections: (See: 2021, c. 35, Sched. We are a consulting company specialised in the fields of data protection, ITsecurity and ITforensics. (2) An employee may end his or her parental leave earlier than the day set out in subsection (1) by giving the employer written notice at least four weeks before the day he or she wishes to end the leave. (3) Money paid to or held by the Director in trust under this section vests in the Crown but may, without interest, be paid out to the employee, the employees estate or such other person as the Director considers is entitled to it. (27) The Board may use information collected under the authority of the Workplace Safety and Insurance Act, 1997 for the purpose of administering this section. 2, s. 25 (1)). 2, s. 6), Note: On a day to be named by proclamation of the Lieutenant Governor, Part XVIII.1 of the Act is amended by striking out the heading Interpretation and Application. 2000, c.41, s.130 (2). 9 (1) The director is responsible for the administration and management of all matters and persons appointed or retained under this Act. 64 (1) An employer who severs an employment relationship with an employee shall pay severance pay to the employee if the employee was employed by the employer for five years or more and, (a) the severance occurred because of a permanent discontinuance of all or part of the employers business at an establishment and the employee is one of 50 or more employees who have their employment relationship severed within a six-month period as a result; or. (c) the employer lays the employee off for a period longer than the period of a temporary lay-off. 49 (1) An employees parental leave ends 61 weeks after it began, if the employee also took pregnancy leave and 63 weeks after it began, otherwise. 2, s. 11. 3. 2000, c.41, s.91 (13). J, s.3(9). (2) Where an assignment employee is assigned by a temporary help agency to perform work for a client of the agency, the assignment begins on the first day on which the assignment employee performs work under the assignment and ends at the end of the term of the assignment or when the assignment is ended by the agency, the employee or the client. (8) Repealed: 2017, c. 22, Sched. (2) The notice shall be served on the employer or employee in accordance with section 95. Employers who are members of prescribed classes. kEB. 2000, c.41, s.96 (2). 2009, c.9, s.3. (b) the Board has enquired of the Director whether a collectors fees or disbursements have been added to the amount of the order under subsection 128 (2) and, if so, the Board is satisfied that fees and disbursements were paid by the person against whom the order was issued. (5) The person who owes money under a settlement shall pay the amount agreed upon to the collector, who shall pay it out in accordance with section 128. 2007, c.16, Sched. Contact information for the agency, including address, telephone number and one or more contact names. 3 (1) Subject to subsections (2) to (5), the employment standards set out in this Act apply with respect to an employee and his or her employer if, (a) the employees work is to be performed in Ontario; or. (9) Sections 91 and 92 apply with necessary modifications with respect to a labour relations officer acting under subsection (8). (8) A regulation made under paragraph 9 of subsection (1) may authorize the Director to impose conditions in granting an approval and may authorize the Director to rescind an approval. (5) This section does not apply with respect to an employee whose employer pays vacation pay in accordance with subsection 36 (3). 4. ER $6OSQKq1:F .ktUR>j"oPhXErcaM{>\5-J~_$B##A%Fr;j\- 1, s. 36. 2, s. 6 (2). 2002, c.18, Sched. (3) The notice referred to in subsection (1) shall specify the time and place at which the person is to attend and shall be served on the person in accordance with section 95. (6) An employer is not entitled to be reimbursed for payments made to an employee for paid leave taken under subsection 50.1 (1.2) if the employee received benefits under the Workplace Safety and Insurance Act, 1997 for the days of leave. 2009, c.16, s.3. 2000, c.41, s.28 (4); 2002, c.18, Sched. (c) the duties of the employees position also require him or her to perform work of another kind or character. (See: 2021, c. 35, Sched. 4. (6) A person who receives a notice under this section shall comply with it. 11.2 Providing, for the purposes of subsection 51 (5), that subsections 51 (1), (2) and (3) do not apply in respect of an employee during a period of postponement under subsection 53 (1.1). (5) If a person who receives a demand under this section makes a payment to the employer, director or other person with respect to whom the demand was made without complying with the demand, the person shall pay to the Director an amount equal to the lesser of, (a) the amount paid to the employer, director or other person; and. 2017, c. 22, Sched. 1, s. 5. (5) If money is paid in trust to the Director under subsection (4), the Director shall pay it to the employee. (b) money held by the Director in trust. (2) An order issued under clause (1) (b) shall also require the temporary help agency to pay to the Director in trust an amount for administrative costs equal to the greater of $100 and 10 per cent of the amount owing. 1, s. 52. (12) Repealed: 2018, c. 14, Sched. (2) Employees may be appointed under the Public Service Act, and the director may retain other persons, whom the director considers necessary to exercise the director's powers and perform the director's 2009, c.9, s.22; 2017, c. 22, Sched. 2000, c.41, s.123 (2). 2017, c. 22, Sched. (2) Subject to subsection 122 (4), in any proceeding under this Act, the burden of proof that a client did not contravene a provision set out in this section lies upon the client. The vacation must be completed no later than 10 months after the end of the vacation entitlement year for which it is given. 2000, c.41, s.91 (9). Protecting a Sustainable Public Sector for Future Generations Act, 2019. The pay period and pay day established by the agency in accordance with subsection 11 (1). (3) For the purposes of subsection (2), the six-month period runs regardless of the duration of the assignment or assignments by the agency of the assignment employee to work for the client and regardless of the amount or timing of work performed by the assignment employee. Further leave critically ill minor child. 2017, c. 22, Sched. 20, s.1 (1). (b) the overtime pay for each hour referred to in clause (a) is one and one-half times the regular rate that applies to the work performed in that hour. 88.3 (1) The Director may authorize an individual employed in the Ministry to exercise a power conferred on the Director under section 88.2, either orally or in writing. Sec. (c) prescribe criteria an employment standards officer is required or permitted to consider when imposing a penalty. 6, s. 3. Sec. J, s.3(23). 2021, c. 9, s. 3. Added by Acts 2009, 81st Leg., R.S., Ch. 1, s. 38. 74.2.1 Repealed: 2019, c. 5, Sched. (2) Nothing in subsection (1) allows the employer to forego paying vacation pay. 42.1 Repealed: 2018, c. 14, Sched. 1, s. 26 (1); 2021, c. 40, Sched. 2000, c.41, s.81 (3). 1, s. 19. 2015, c. 27, Sched. 1, s. 6 (6); 2021, c. 40, Sched. 1, s. 68. 1, s. 38. There is always new patient paperwork to process, appointments to schedule, and insurance to bill. 2000, c.41, s.36 (3); 2001, c.9, Sched. 3. 2021, c. 9, s. 3. (a) applies to the Board in writing for a review; (b) in the case of an order under section 74.14 or 103, pays the amount owing under the order to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director in that amount; and. (5) the experience and ability of the attorney who will perform the services. (10) The Board shall not make a determination regarding an employers entitlement to reimbursement under this section if the employers application does not meet the requirements of subsection (7) or is not filed within the time limits set out in subsections (8) and (9). (2) If a matter is referred to the Board under subsection (1), the Board shall hold a hearing and determine whether the employer, organization or person contravened Part XIII. 91.1 Revoked: 2021, c. 25, Sched. 1, s. 65. 36 (1) Subject to subsections (2) to (4), the employer shall pay vacation pay to the employee in a lump sum before the employee commences his or her vacation. ii. Note: On a day to be named by proclamation of the Lieutenant Governor, the heading to Part XVIII.1 of Act is amended by adding AND RECRUITERS at the end. 2020, c. 3, s. 5 (3); 2021, c. 9, s. 5 (4); 2022, c. 7, Sched. (B) a statement that the applicant is aware that subsection 24 (2) of the Employment Protection for Foreign Nationals Act, 2009 provides that if an employment standards officer finds that a recruiter has contravened section 7 of that Act, the officer may order the recruiter to pay the amount of the fees to the foreign national or to the Director of Employment Standards in trust. (c) the date on which the statement is provided to the employee. (See: 2021, c. 35, Sched. 41.1 (1) An employee is entitled to receive the following statements on making a written request: 1. J, s.3(21). (5) This Act does not apply with respect to the following individuals and any person for whom such an individual performs work or from whom such an individual receives compensation: 1. From October 1, 2022 onward, the amount determined under subsection (4). 2, s. 27 (1)). 2, s. 6 (3). (2) Where an assignment employee has been assigned by a temporary help agency to perform work on a temporary basis for a client and the employee has begun to perform the work, the agency may charge a fee to the client in the event that the client enters into an employment relationship with the employee, but only during the six-month period beginning on the day on which the employee first began to perform work for the client of the agency. 2009, c.9, s.3. I, s.1(24). B. the number of months of employment not included in sub-subparagraph A that the employee has completed, divided by 12. ii. 2022 tpm media llc. 2, s. 4. 1, s. 14. 2021, c. 35, Sched. If the employee does not have a regular work week, the employer shall give the employee a vacation for the stub period that is equal to, 2 A the ratio calculated under paragraph 1. (2) The notice shall contain or be accompanied by information setting out the nature of the contravention. Sec. 1, s.12. 2021, c. 35, Sched. as employment standards officers. (26) The Board may use information collected under the authority of this section for the purpose of administering and enforcing the Workplace Safety and Insurance Act, 1997. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 108 (3) of the Act is amended by adding 74.19 after 74.17. (2) An employee who files a complaint under this Act alleging an entitlement to termination pay or severance pay may not commence a civil proceeding for wrongful dismissal if the complaint and the proceeding would relate to the same termination or severance of employment. In addition to the persons referred to in subsection 102 (2), the following persons may be required to attend the meeting: ii. (a) if she is entitled to parental leave, 17 weeks after the pregnancy leave began; (b) if she is not entitled to parental leave, on the day that is the later of, (i) 17 weeks after the pregnancy leave began, and. (3) If the employer fails to make an instalment payment, all severance pay not previously paid shall become payable immediately. 1, s. 7 (1). I, s.1 (16). (b) if some other manner of calculation is prescribed, the amount determined using that manner of calculation. Supplementary unemployment benefits the employee receives after his or her employment is severed and before the severance pay becomes payable to the employee. 4. 6, s. 2. (6) pay taxes, court costs, and bond premiums. 2022, c. 7, Sched. 2, s. 10. (a) at least one week before the termination, if the employees period of employment is less than one year; (b) at least two weeks before the termination, if the employees period of employment is one year or more and fewer than three years; (c) at least three weeks before the termination, if the employees period of employment is three years or more and fewer than four years; (d) at least four weeks before the termination, if the employees period of employment is four years or more and fewer than five years; (e) at least five weeks before the termination, if the employees period of employment is five years or more and fewer than six years; (f) at least six weeks before the termination, if the employees period of employment is six years or more and fewer than seven years; (g) at least seven weeks before the termination, if the employees period of employment is seven years or more and fewer than eight years; or. A, s.5. Total amount of leave critically ill adult. 2017, c. 22, Sched. 2020, c. 3, s. 5 (3). 1, s. 18. 1, s. 19. Sec. stub period means, with respect to an employee for whom the employer establishes an alternative vacation entitlement year. PART XXi who enforces this act and what they can do. 2, s. 4. 2000, c.41, s.52 (2). 1, s. 16. (b) Any property registered in the manner described by Subsection (a) shall be kept: (1) in the possession and control of the personal representative at all times; and. 2021, c. 9, s. 2 (2). 2000, c.41, s.11 (5). (a) If necessary to borrow money for a purpose described by Section 351.251 or to create or extend a lien on estate property as security, the personal representative of the estate shall file a sworn application for that authority with the court. 113 (1) If an employment standards officer believes that a person has contravened a provision of this Act, the officer may issue a notice to the person setting out the officers belief and specifying the amount of the penalty for the contravention. 42 (1) No employer shall pay an employee of one sex at a rate of pay less than the rate paid to an employee of the other sex when. 2006, c.19, Sched. (iv) the employee is employed elsewhere during the lay-off and would be entitled to receive supplementary unemployment benefits if that were not so, (v) the employer recalls the employee within the time approved by the Director, or, (vi) in the case of an employee who is not represented by a trade union, the employer recalls the employee within the time set out in an agreement between the employer and the employee; or. 2021, c. 9, s. 3. (h) at least eight weeks before the termination, if the employees period of employment is eight years or more. 9, s. 9. 2017, c. 22, Sched. A reference to an employer is a reference to a client. (2) If an employee is on leave under this Part on the day by which his or her vacation must be completed under paragraph 1 of section 35 or paragraph 1 of subsection 35.1 (2), the uncompleted part of the vacation shall be completed immediately after the leave expires or, if the employer and employee agree to a later date, beginning on that later date. 21 An employer is not required to pay an employee for an eating period in which work is not being performed unless his or her employment contract requires such payment. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of the employees spouse. 2000, c.41, s.126 (3). 74.8 (1) A temporary help agency is prohibited from doing any of the following: 1. (b) A judgment in a suit described by Subsection (a) is conclusive, but may be set aside by any interested person for fraud or collusion on the executor's or administrator's part. 3. 2000, c.41, s.106 (1); 2009, c.9, s.8(1). (2) If an order issued under this section requires the recruiter to compensate a prospective employee that has engaged or used the services of the recruiter, it shall also require the recruiter to. 2009, c.9, s.3. (7) Subsections 116 (8) and (9), 118 (1), (4) and (5) and 119 (3), (4), (5), (13) and (14) apply, with necessary modifications, to a review under this section. (4) An employer who is a sole proprietor or a partner in a partnership may share in tips or other gratuities redistributed under subsection (1) if he or she regularly performs to a substantial degree the same work performed by, (a) some or all of the employees who share in the redistribution; or. 2. (7) Without restricting the generality of subsection (6), if a warrant is issued under this section, the matters on which an officer executing the warrant may question a person under clause 91 (6) (e) are not limited to those that aid in the effective execution of the warrant but extend to any matters that the officer thinks may be relevant to the investigation or inspection. 9, s. 3 (2). The representative should act on behalf of the controller or the processor and may be addressed by any supervisory authority. 2. 2000, c.41, s.16; 2004, c.21, s.3. 2009, c.9, s.3. J, s.3(23). (2) If information required by subsection (1) is provided orally to the assignment employee, the temporary help agency shall also provide the information to the assignment employee in writing, as soon as possible after offering the work assignment. For information referred to in paragraph 5 of subsection (1), three years after the information was given to the employee. Entitlement to leave critically ill adult. (4) An employer that is required under this section to have a written policy with respect to electronic monitoring shall provide a copy of the policy to a new employee within 30 days of the day the employee becomes an employee of the employer or within 30 days from the day the employer is required to have the policy in place, whichever is later. 2000, c.41, s.30 (4); 2002, c.18, Sched. (2) If an employment standards officer has received money for an employee under a settlement but the employee cannot be located, the money shall be paid to the Director in trust. If the employee performs some of the work that he or she agreed to perform on the public holiday but fails, with reasonable cause, to perform all of the work that he or she agreed to perform on the public holiday, the employer shall give the employee wages at his or her regular rate for the hours worked on the public holiday and a substitute day off work in accordance with clause (2) (a) or, if an agreement was made under clause (2) (b), public holiday pay for the public holiday plus premium pay for each hour worked on the public holiday. (e) question any person on matters the officer thinks may be relevant to the investigation or inspection. The employee is acting in accordance with an order under section 22 or 35 of the Health Protection and Promotion Act that relates to the designated infectious disease. 2. (7) For the purposes of paragraph 11.1 of subsection (5), the following are the requirements that must be met: 1. (c) find that the person did contravene the provision but amend the notice by reducing the penalty. (b) if the Board considers it appropriate in the circumstances to extend the time for applying, within the period specified by the Board. (2) Subsection (1) does not apply if the statute or order requires the employer to remit the withheld, deducted, returned or given tips or other gratuities to a third person and the employer fails to do so. (b) notice under subsection (5) or (6) is given on or after the day described in clause (a). (6) Repealed: 2018, c. 14, Sched. (10) Subsection (9) applies even if a review hearing is held under this Act to determine another persons liability for the wages that are the subject of the order. (2.0.3.5) The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made by the Working for Workers Act, 2021. (2) prosecute any suit then pending in favor of the estate. 2007, c.16, Sched. I, s.1(13). 2, s. 10. 1, s. 1; 2021, c. 9, s. 1; 2021, c. 25, Sched. (6.4) Any disclosure made under subsection (6.2) shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act. (A) the name and address of each person so engaged or used. 2000, c.41, s.112 (2). 55 Prescribed employees are not entitled to notice of termination or termination pay under this Part. (b) the new employment standards officer assigned to the investigation may rely on evidence collected by the first officer and any findings of fact made by that officer. Bankruptcy and Insolvency Act 88.1 (1) The Director may terminate the assignment of an employment standards officer to the investigation of a complaint and may assign the investigation to another employment standards officer. 74.13 (1) For the purposes of the application of section 102 in respect of this Part, the following modifications apply: 1. 1, s. 15 (2); 2018, c. 14, Sched. (5) If, under an employment contract that was in effect on April 19, 2021, an employee was entitled to a paid leave of absence in circumstances for which the employee would also be entitled to take a leave under subsection 50.1 (1.2), but due to a change to the employment contract on or after April 19, 2021, the employee is no longer entitled to some or all of the paid leave of absence that the employee was entitled to before the change, the employer is not entitled to be reimbursed for payments made to that employee for a paid leave of absence, whether the leave is taken under subsection 50.1 (1.2) or under the employment contract, to the extent that the employee was entitled to the leave of absence under the employment contract before the change. An individual who is an inmate of a correctional institution within the meaning of the Ministry of Correctional Services Act, is an inmate of a penitentiary or is being held in a place of temporary detention or youth custody facility under the Youth Criminal Justice Act (Canada), if the individual participates inside or outside the institution, penitentiary or place in a work project or rehabilitation program. (3) If an owner or manager requests a provider or former provider to provide information to the owner or manager so that the owner or manager can fulfil a request made under subsection (1) or (2), the provider or former provider shall provide the information. 2009, c.9, s.3. (2) Where a person is an assignment employee of a temporary help agency on the day this section comes into force, the agency shall, as soon as possible after that day, provide the information required by subsection (1), in writing, to the employee. (a) Except as provided by Subsection (b), an appeal bond is not required if an appeal is taken by an executor or administrator. For information referred to in paragraph 3.1, 3.2 or 4 of subsection (1) or in subsection (3), three years after the day or week to which the information relates. 2017, c. 22, Sched. An agreement to average hours of work that complies with the conditions prescribed by the regulations made under paragraph 7 of subsection 141 (1) as it read on February 28, 2005. 2020, c. 3, s. 4 (2); 2021, c. 9, s. 2 (3). (a) the public holiday on which the employee will work; (b) the date of the day that is substituted for a public holiday under clause (2) (a); and. 2014, c. 6, s. 3. 2017, c. 22, Sched. 1, s. 34 (1). (3) The new provider shall be deemed to have been the employees employer for the purpose of subsection (2). Appointment regulations. 2000, c.41, s.10 (4). 137 (1) If a corporation contravenes this Act or the regulations, an officer, director or agent of the corporation or a person acting or claiming to act in that capacity who authorizes or permits the contravention or acquiesces in it is a party to and guilty of the offence and is liable on conviction to the fine or imprisonment provided for the offence. 2021, c. 9, s. 3. (5) If, upon application to the Board, the employee demonstrates that he or she entered into the settlement as a result of fraud or coercion, (b) if the review concerned an order, the order is reinstated; and. 2000, c.41, s.128 (4). 2002, c.18, Sched. You know the drill. In each case, the judge, as provided by law, shall notify the representative and the sureties on the representative's bond. 50 (1) An employee who has been employed by an employer for at least two consecutive weeks is entitled to a leave of absence without pay because of a personal illness, injury or medical emergency. 2021, c. 25, Sched. 2000, c.41, s.56 (1). (6) At the discretion of the Director, a director who is subject to an order under this section may be ordered to pay the wages in trust to the Director. 2021, c. 35, Sched. 2021, c. 35, Sched. 9, s. 7. 2. 2021, c. 35, Sched. Advice to person against whom order was made. 2022, c. 7, Sched. 2017, c. 22, Sched. 2, s. 6 (4). 3. 9, s. 8 (3). 2015, c. 32, s. 1. (4) Subject to subsection (6), service of a document by a fax or email sent on a Saturday, Sunday or a public holiday or on any other day after 5 p.m. is effective on the next day that is not a Saturday, Sunday or public holiday. 2009, c.33, Sched. 2017, c. 22, Sched. 2000, c.41, s.80(4); 2010, c.15, s.224. (1.8) If an employee is entitled to both paid leave and unpaid leave under this section, the employee may elect to take one or more days or parts of a day of leave as unpaid leave only if the employee advises the employer in writing, before the end of the pay period in which the leave occurs, that the employee has elected to take that time as unpaid leave. came into force, the employees parental leave ends, (a) 35 weeks after it began, if the employee also took pregnancy leave; and. (1.4) If, on April 19, 2021, an employee is entitled to take paid leave under an employment contract in any of the circumstances for which the employee would also be entitled to take a leave under subsection (1.2), the employees entitlement under subsection (1.3) is reduced by the employees entitlement under the contract. (b) providing for forms and their use. (3) An employer shall give an employee a period of at least eight hours free from the performance of work between shifts unless the total time worked on successive shifts does not exceed 13 hours or unless the employer and the employee agree otherwise. However, if the employee also fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2). 351.105. Note: On a day to be named by proclamation of the Lieutenant Governor, section 143 of the Act is repealed. (5) A regulation made under this section may be restricted in its application to any class of employee or employer and may treat different classes of employee or employer in different ways. (6) An employment standards officer conducting an investigation or inspection may. 2014, c. 10, Sched. 2007, c.16, Sched. 88 (5). I, s.1(28); 2018, c. 14, Sched. (e) the employer gives the employee notice of termination in accordance with section 57 or 58, the employee gives the employer written notice at least two weeks before resigning and the employees notice of resignation is to take effect during the statutory notice period. 2014, c. 10, Sched. 2022, c. 7, Sched. (12) The total amount of leave that may be taken by one or more employees under this section in respect of the same critically ill adult is 17 weeks. (4) Both active employment and inactive employment shall be included for the purposes of subsections (2) and (3). 9, s.1(9). 2018, c. 14, Sched. 2000, c.41, s.48 (3). 74.1.12 (1) The Director shall publish and maintain, in accordance with such requirements as may be prescribed, a public record of the following on a website of the Government of Ontario: 1. The name of every person whose licence has been revoked or suspended under this Act and the date of the revocation or suspension. Sec. 2, s. 4. ii. 2000, c.41, s.75 (3). J, s.3(15). (4) An employee is entitled to take up to eight weeks leave under this section for each individual described in subsection (5) in each calendar year. (2) the appointment of a successor independent administrator under Section 404.005. Note: On a day to be named by proclamation of the Lieutenant Governor, section 74.8 of the Act is amended by adding the following subsection: (See: 2021, c. 35, Sched. 2000, c.41, s.48 (6). (11) A certificate of service made by the person who served a document under this Act is evidence of the service of the document on the person served and its receipt by that person if, in the certificate, the person who served the document. 2009, c.9, s.3; 2010, c.16, Sched. (3) Subject to subsection 118 (2), the Board shall hold a hearing for the purposes of the review. 2000, c.41, s.65 (4). 5. Trustees and scheme managers, your dashboards deadline is coming. 1, s. 34 (3). 2002, c.18, Sched. 78 (1) A person who receives information under this Part shall use that information only for the purpose of complying with this Part or determining the persons obligations or potential obligations under this Part. 9, s. 6. 2017, c. 22, Sched. 2000, c.41, s.99(1). 2018, c. 14, Sched. 2019, c. 4, Sched. iii. (3) A judge should exercise the power of appointment fairly and only on the basis of merit, avoiding unnecessary appointments, nepotism, and favoritism. (c) the assignment is terminated during or as a result of a strike or lock-out at the location of the assignment. (2) Subject to subsection 122 (4), in any proceeding under this Act, the burden of proof that an employer did not contravene a provision set out in this section lies upon the employer. 2000, c.41, s.136 (1). muckraker (c) an agreement to exceed the limit on hours of work in a work week set out in clause (2) (b) of this section as it read on February 28, 2005 shall be treated as if it were an agreement described in subsection (3). 11.1 Providing, for the purposes of subsection 51 (4), that subsections 51 (1), (2) and (3) apply in respect of an employee during a leave under section 50.2. Note: On January 1, 2023, section 3 of the Act is amended by adding the following subsections: (See: 2022, c. 7, Sched. (ii) if the person has more than one previous conviction, to a fine of not more than $500,000. 3. If the employee, without reasonable cause, performs none of the work that he or she agreed to perform on the public holiday, the employee has no entitlement under subsection (2). General Data Protection Regulation (GDPR). A reference to an employee is a reference to an assignment employee or prospective assignment employee to whom a fee is to be paid. 2, s. 5. 2021, c. 35, Sched. 2000, c.41, s.141(8). (See: 2019, c. 1, Sched. I, s.1(11); 2002, c.18, Sched. A, s.3; 2022, c. 7, Sched. (2) recovering or attempting to recover property to which the estate has a title or claim. (a) the employee has consented to the disclosure of the record; (b) disclosure is made to an officer, employee, consultant or agent of the employer who needs the record in the performance of their duties; (c) the disclosure is authorized or required by law; or. Regular wages that were earned during the relevant pay period. 4. child means a child, step-child, foster child or child who is under legal guardianship, and who is under 18 years of age; (enfant), crime means an offence under the Criminal Code (Canada), other than an offence prescribed by the regulations made under paragraph 209.4 (f) of the Canada Labour Code 69 Subject to section 71, an employee has a right not to, (b) be asked to take a lie detector test; or. 59 (1) Time spent by an employee on leave or other inactive employment is included in determining his or her period of employment. 2, s. 27 (2)). (6) Paragraphs 5 and 6 of subsection (2) and paragraphs 4 and 5 of subsection (3) do not apply with respect to an employee whose employer pays vacation pay in accordance with subsection 36 (3). 2009, c.9, s.25; 2017, c. 22, Sched. (3) Subject to subsection (6), service of a document by mail is effective five days after the document is mailed. 2, s. 10. 9, s. 8 (1). 2000, c.41, s.104 (1); 2009, c.9, s.7. 2017, c. 22, Sched. disconnecting from work means not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work. (2) An order issued under clause (1) (b) shall also require the employer to pay to the Director in trust an amount for administrative costs equal to the greater of $100 and 10 per cent of the wages owing. If the child is found dead, the employees entitlement to be on leave under this section ends at the end of the week in which the child is found. The amount of wages on which the vacation pay referred to in paragraph 5 was calculated and the period of time to which those wages relate. 2000, c.41, s.8 (2). 11.1 If the requirements of subsection (7) are met, a business consultant or an information technology consultant. 7, eff. 2000, c.41, s.99 (6). (2.2) A regulation made under subsection (2.0.3.3), (2.0.3.4), (2.0.3.6) or (2.1), or a regulation prescribing a reason for the purposes of subclause 50.1 (1.1) (a) (iv) or (b) (vii) may. 2017, c. 22, Sched. (2) If an employer provides room or board to an employee, the prescribed amount with respect to room or board shall be deemed to have been paid by the employer to the employee as wages. Sec. (d) a statistical profile of the affected employees. (b) in the prescribed circumstances, a member of a prescribed class of health practitioners. 141 (1) The Lieutenant Governor in Council may make regulations for carrying out the purposes of this Act and, without restricting the generality of the foregoing, may make the following regulations: 1. 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