Bill 39, Employment Standards Amendment Act (Raising the Minimum Wage), 2001

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Bill 39 2001

An Act to raise the minimum wage
to ensure that everyone shares
in Ontario's prosperity

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Part V of the Employment Standards Act is amended by adding the following sections:

Definitions

22.1 In this Part,

"housing accommodation" means a place of dwelling that is reasonably fit for human habitation consisting of at least a kitchen with cooking facilities, two bedrooms or a bedroom and a living room, and having its own private toilet and washing facilities; ("logement")

"piece work rate" means a rate of pay calculated upon a unit of work performed; ("taux à la pièce")

"room" means a room that is reasonably furnished and reasonably fit for human habitation, is supplied with clean bed linen and towels and is reasonably accessible to proper toilet and wash-basin facilities; ("chambre")

"serviced housing accommodation" means housing accommodation for which light, heat, fuel, water, gas or electricity are provided at the expense of the employer. ("logement avec services")

. . . . .

Minimum wage established

23.1 (1) Except as provided in section 23.2, an employer shall pay not less than the following minimum wage:

1. To 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, $7.05 an hour.

2. To an employee who, as a regular part of his or her employment, serves liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act, $6.60 an hour.

3. For the services of a hunting or fishing guide, $37.17 for less than five consecutive hours in a day and $71.25 for five or more hours in a day whether or not the hours are consecutive.

4. To an employee who is a homeworker, 110 per cent of the amount set out in paragraph 5.

5. To an employee other than one to whom paragraph 1, 2, 3 or 4 applies, $7.50 an hour.

Rounding

(2) If the calculation under paragraph 4 of subsection (1) results in an hourly minimum wage that is an amount ending in a fraction of a cent, the hourly minimum wage shall be rounded up to the nearest cent.

Higher wage applies

(3) If an employee falls within both paragraphs 1 and 4 of subsection (1), the employer shall pay the employee not less than the minimum wage set out in paragraph 4.

Meals or room

(4) If meals or room or both are taken into account by an employer in calculating the minimum wage of an employee, the maximum amount at which meals or room or both shall be valued for the purposes of determining if the minimum wage has been paid to the person is as follows:

1.	Room	$31.70 a week if the room is private and $15.85 a week if the room is not private.
2.	Meals	$2.55 a meal and not more than $53.55 a week.
3.	Both room and meals	$85.25 a week if the room is private and $69.40 a week if the room is not private.

Same

(5) Charges for meals or room shall not be deducted from the minimum wages of an employee unless the employee has received the meals or occupied the room supplied.

Three hour minimum

(6) An employee who is not a student shall be deemed to have worked for three hours for the purpose of determining whether the employee has been paid the minimum wage set out in this section if the employee,

(a) regularly works more than three hours a day;

(b) is required to present himself or herself for work; and

Exception

(7) Subsection (6) does not apply where the employer is unable to provide work for the employee because of fire, lightning, power failure, storms or similar causes beyond the control of the employer resulting in the stopping of work.

Farm employees

23.2 (1) This section applies to an employee who is employed on a farm to harvest fruit, vegetables or tobacco for marketing or storage.

Minimum wage

(2) Subject to subsection (3), every employer shall pay a minimum wage of not less than,

(a) $7.05 an hour to 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; and

(b) $7.50 an hour to an employee other than an employee mentioned in clause (a).

Piece work

(3) Where a piece work rate being paid to employees other than an employee mentioned in clause (2) (a) is customarily and generally recognized in the area as having been set so that an employee exercising reasonable effort would, if paid such a rate, earn at least the minimum wage set out in subsection (2), the employer shall be deemed to have paid an employee the minimum wages set out in subsection (2).

Accommodation

(4) If housing accommodation, room and meals, or any of them, are taken into account by the employer in calculating the minimum wage of an employee, the maximum amount at which such housing accommodation, room and meals, or any of them, is valued shall be as follows:

1.	Serviced housing accommodation	$99.35 a week.
2.	Housing accommodation	$73.30 a week.
3.	Room	$31.70 a week if the room is private and $15.85 a week if the room is not private.
4.	Meals	$2.55 a meal and not more than $53.55 a week.
5.	Both room and meals	$85.25 a week if the room is private and $69.40 a week if the room is not private.

Reference in regulations

23.3 A reference in a regulation made under this or any other Act to the minimum wage, or to the minimum wage as prescribed under a regulation, shall be deemed to refer to the minimum wage as set out in this Part.

2. Paragraphs 1, 20 and 21 of subsection 84 (1) of the Act are repealed.

Commencement

3. This Act comes into force on the day it receives Royal Assent.

Short title

4. The short title of this Act is the Employment Standards Amendment Act (Raising the Minimum Wage), 2001.

EXPLANATORY NOTE

The Employment Standards Act currently provides that minimum wage rates are to be prescribed by regulation. The Bill amends the Act to set out the minimum wage rates in the statute itself, and not in regulation. The minimum wage rates set out in the Bill are 65 cents per hour higher than the minimum wage rates currently set out in regulation.