O. Reg. 31/14: EXEMPTIONS, SPECIAL RULES AND ESTABLISHMENT OF MINIMUM WAGE

Link to law: http://www.ontario.ca/laws/regulation/r14031
Published: 2014-02-14

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ONTARIO REGULATION 31/14

made under the

EMPLOYMENT STANDARDS ACT, 2000

Made: February 12, 2014
Filed: February 14, 2014
Published on e-Laws: February 18, 2014
Printed in The Ontario Gazette: March 1, 2014


Amending O. Reg. 285/01

(EXEMPTIONS, SPECIAL RULES AND ESTABLISHMENT OF MINIMUM WAGE)

1. (1) Subsection 5 (1) of Ontario Regulation 285/01 is revoked and the following substituted:

(1) From June 1, 2014 onwards, the minimum wage is as follows:

1. For 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, $10.30 an hour.

2. For 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, $9.55 an hour.

3. For the services of a hunting or fishing guide, $55.00 for less than five consecutive hours in a day and $110.00 for five or more hours in a day whether or not the hours are consecutive.

4. For an employee who is a homeworker, $12.10 an hour.

5. For any other employee, $11.00 an hour.

(2) Subsections 5 (1.1), (1.2), (1.3) and (2) are revoked.

(3) Subsections 5 (3) and (4) of the Regulation are revoked and the following substituted:

(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 for a homeworker.

(4) 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.

(4) Subsection 5 (7) of the Regulation is amended by striking out “set out in subsection (1), (1.1), (1.2) or (1.3), as the case may be”.

2. Section 5.1 of the Regulation is revoked and the following substituted:

Change to minimum wage during pay period

5.1 If the minimum wage rate applicable to an employee changes during a pay period, the calculations required by subsection 23 (4) of the Act shall be performed as if the pay period were two separate pay periods, the first consisting of the part falling before the day on which the change takes effect and the second consisting of the part falling on and after the day on which the change takes effect.

3. (1) Subsection 19 (2) of the Regulation is revoked and the following substituted:

(2) If the householder provides room or board to the domestic worker, 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 a private room, $31.70 a week.

2. For a non-private room, $0.00.

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

4. For both room and board, $85.25 a week if the room is private and $53.55 a week if the room is not private.

(2) Subsection 19 (4) of the Regulation is amended by striking out “domestic employee” and substituting “domestic worker”.

4. (1) Subsection 25 (1) of the Regulation is revoked and the following substituted:

(1) For each pay period, the employer shall pay to each employee an amount that is at least equal to the amount the employee would have earned at the minimum wage.

(2) Subsection 25 (2) of the Regulation is amended by striking out “the amounts set out in subsection 5 (1), (1.1), (1.2) or (1.3), as the case may be” at the end and substituting “the minimum wage”.

(3) Subsection 25 (3) of the Regulation is amended by striking out “(1.1), (1.2) or (1.3), as the case may be” at the end.

(4) Subsection 25 (5) of the Regulation is revoked and the following substituted:

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

1. For serviced housing accommodation, $99.35 a week.

2. For housing accommodation, $73.30 a week.

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

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

5. 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.

5. (1) Subsection 28 (2) of the Regulation is amended by striking out “set out in subsection 5 (1), (1.1), (1.2) or (1.3), as the case may be” at the end.

(2) Subsection 28 (6) of the Regulation is amended by striking out “prescribed”.

Commencement

6. This Regulation comes into force on June 1, 2014.

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