Bill 49 2008

An Act to amend the Employment Standards Act, 2000

Note: This Act amends the Employment Standards Act, 2000.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

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

   1.  Section 23 of the Employment Standards Act, 2000 is repealed and the following substituted:

Definitions

   23.  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)  After July 1, 2008 and in 2009, 2010 and 2011, an employer shall pay not less than the following:

    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, the prescribed minimum wage.

    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, the prescribed minimum wage.

    3.  For the services of a hunting or fishing guide, the greater of,

            i.  $34.25 for less than five consecutive hours in a day and $68.50 for five or more hours in a day whether or not the hours are consecutive, and

           ii.  the prescribed minimum wage.

    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, the greater of the prescribed minimum wage and the following:

            i.  For 2008, after July 1, 2008, $10.25 an hour.

           ii.  For 2009, $10.50 an hour.

          iii.  For 2010, $10.75 an hour.

          iv.  For 2011, $11.00 an hour. 

Consumer Price Index

   (2)  On January 1, 2012 and every year thereafter, the wages established under subsection (1) are adjusted in accordance with the following rules:

    1.  The indexation factor is the percentage change in the Consumer Price Index for Canada for prices of all items for the 12-month period ending on December 31 of the previous calendar year.

    2.  On January 1, 2012, each wage for 2011 shall be multiplied by the indexation factor.

    3.  On January 1, 2013 and on January 1 in every year thereafter, each wage for the previous year shall be multiplied by the indexation factor.

Rounding

   (3)  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.

Piece work

   (4)  Where a piece work rate being paid to employees 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 paragraph 5 of subsection (1), the employer shall be deemed to have paid an employee the minimum wage set out in that paragraph.

Meals or room

   (5)  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 prescribed.

Same

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

Three-hour minimum

   (7)  An employee 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

   (c)  works less than three hours.

Exception

   (8)  Subsection (7) 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.

Determining compliance

   23.2  (1)  Compliance with this Part shall be determined on a pay period basis.

Hourly rate

   (2)  Without restricting the generality of subsection (1), if the minimum wage applicable with respect to an employee is expressed as an hourly rate, the employer shall not be considered to have complied with this Part unless,

  (a)  when the amount of regular wages paid to the employee in the pay period is divided by the number of hours he or she worked in the pay period, other than hours for which the employee was entitled to receive overtime pay or premium pay, the quotient is at least equal to the minimum wage set out in this Part; and

  (b)  when the amount of overtime pay and premium pay paid to the employee in the pay period is divided by the number of hours worked in the pay period for which the employee was entitled to receive overtime pay or premium pay, the quotient is at least equal to one and one half times the minimum wage set out in this Part.

Reference to minimum wage

   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 or as set out in a regulation made in respect of this Part, as the case may be.

   2.  Paragraphs 2 and 16 of subsection 141 (1) of the Act are repealed.

   3.  Part XXVII of the Act is amended by adding the following section:

Regulations, Minister

   141.1  (1)  Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations,

  (a)  establishing minimum wage rates for employees or classes of employees for the purposes of paragraphs 1, 2 and 5 and subparagraph 3 ii of subsection 23.1 (1);

  (b)  prescribing the maximum amounts at which housing accommodation, room and meals are valued for the purposes of subsection 23.1 (5).

Regulations re Part IX

   (2)  A regulation made under subsection (1) shall not establish a minimum wage rate that is lower than the minimum wage rate for any previous time period.

Commencement

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

Short title

   5.  The short title of this Act is the Employment Standards Amendment Act (Raising the Minimum Wage), 2008.

 

EXPLANATORY NOTE

The Employment Standards Act, 2000 currently provides that minimum wage rates are to be prescribed by regulation. The Bill amends the Act to provide that the general minimum wage is either the amount set out in the Bill or the prescribed minimum wage, whichever is greater. The minimum wage is to be indexed to the Consumer Price Index each year. A regulation prescribing the minimum wage rate cannot prescribe a rate lower than the rate for any previous time period.