Employment Standards Act (ESA)
Occupational Health & Safety Act (OHSA)
Ontario Human Rights Code (HRC)
Smoking in the Workplace Act
Workplace Safety & Insurance Board Act (WSIB)

This document has been complied for practical purposes and provides only a summary of the Acts listed above. For more details, please consult the Ministry of Labour for the official Acts and Regulations at: http://www.gov.on.ca/LAB/english/about/leg/index.html .

WHAT YOU SHOULD KNOW ABOUT THE ONTARIO EMPLOYMENT STANDARDS ACT

The Employment Standards Act, 2000 (ESA) sets minimum standards for wages and conditions of employment in Ontario. It is important for employers and employees to be aware of their rights and responsibilities under the ESA. The ESA covers most employers and employees in Ontario. There are special rules in many parts of the ESA and in the regulations under the ESA. These rules provide for special provisions or exempt certain employees from some parts or all of the ESA.

HOURS OF WORK

Employees can't be made to work more that eight hours a day unless the employer has established a longer regular workday. Employees don't have to work more than 48 hours in a work week. Special rules allow for longer hours to be worked where there is a written agreement between an employer and an employee. Some agreements require approval from the Director of Employment Standards at the Ministry of Labour. Only in certain exceptional circumstances (e.g. to deal with an emergency) does the ESA permit an employer to require an employee to work longer hours even where there is no written agreement.

Employees must be free from work as follows:

• 11 consecutive hours a day;
• 8 hours between shifts in most cases; and
• 24 consecutive hours a week or 48 consecutive hours in a two-week period.

Employees can't work more than five consecutive hours without getting a meal break. This break must be at least 30 minutes long. If agreed, the 30-minute meal break may be taken as two shorter breaks within each period of five hours.

OVERTIME PAY

Most employees are entitled to overtime pay after they have worked more than 44 hours in a week. Overtime pay is at least 1.5 times the regular rate of pay.

Instead of being paid overtime pay, employees can agree with their employer, in writing, to be compensated for overtime hours by taking 1.5 hours of paid time off for each hour of overtime worked.

In order to determine an employee's entitlement to overtime pay, an employer and an employee may agree, in writing, to average the employee's hours of work over a period of not more than four weeks. An employee and an employer may agree, in writing, to a longer period if approved by the Director of Employment Standards, Ministry of Labour.

MINIMUM WAGE

Employers may pay most employees at least the minimum wage—no matter how they are paid (e.g., hourly, salary, commission, flat rate, piece rate).

Minimum wage rates (as of February 1, 2004):

• General……………………………………...………… $7.15 / hour
• Students (under 18 years of age (working 28 hours

or less a week, or during a school holiday)………… $6.70 / hour

• Home workers…………………………………………. $7.87 / hour
• Liquor Servers………………………………………… $6.20 / hour

Tips or gratuities are not considered to be wages.

PUBLIC HOLIDAYS

Most employees are entitled to take the following eight public holidays off with public holiday pay:

• New Year's Day
• Good Friday
• Victoria Day
• Canada Day
• Labour Day
• Thanksgiving Day
• Christmas Day
• Boxing Day (December 26)

Public holiday pay is the total of the regular wages and vacation pay payable to the employee in the four weeks before the week in which the public holiday falls—divided by 20. An employee who works in a hotel, tourist resort, restaurant, tavern, hospital or continuous on a day that is ordinarily a working day for the employee and the employee is not on vacation.

There are special rules about substitute days off and pay for work performed on a public holiday where an employee is required to work or agrees to work on the public holiday. Employees do not have the right to a paid holiday or substitute day off if:

• They fail to work all of their regularly scheduled shift before or after the public holiday without reasonable cause; or
• They agreed or were required to work on the public holiday and failed to do so without reasonable cause.

These employees are still entitled to be paid at least 1.5 times their regular rate for each hour they did work on a public holiday.

VACATION WITH PAY

Employees must get two weeks' vacation after working for an employer for 12 months. They must also get vacation pay of four per cent of their wages earned in the 12-month period.

The employer must schedule the vacation no later than 10 months after it was earned. The employer must also schedule the vacation in one- or two-week blocks—unless the employee asks, in writing, and the employer and the employee agree, in writing, that it may be taken in shorter periods.

LEAVE FROM WORK

A pregnant employee can take up to 17 consecutive weeks of unpaid pregnancy leave —provided she was hired by her employer at least 13 weeks before her due date. If a new parent has been employed by his or her employer for at least 13 weeks, he or she is entitled to unpaid parental leave of:

• 35 consecutive weeks (if the employee also took pregnancy leave); or
• 37 consecutive weeks (if the employee did not take pregnancy leave).

Generally, a mother's parental leave must begin when her pregnancy leave ends. Otherwise, the parental leave must begin within 52 weeks of the date the child was born or first came into the parent's care.

If an employer regular employs at least 50 employees, those employees are entitled to take a total of 10 days of unpaid emergency leave each year. The leave may be for personal medical reasons, or because of a death or illness or other urgent matter relating to a child, spouse, same-sex partner or certain relatives.

NOTICE OF TERMINATION OF EMPLOYMENT

In most cases, if an employer ends the employment of an employee who has been continuously employed for three months or more, the employer must provide the employee with advance written notice of the termination or termination pay in lieu of notice as follows:

• After three months' employment – one week
• After one years' employment – two weeks
• After three years' employment – one week for each completed year of employment to a maximum of eight weeks.

If an employer terminates the employment of 50 or more employees within a four-week period, additional notice requirements may apply.

SEVERANCE PAY

Some employees who have been employed for five years or more and whose employer meets certain conditions are entitled to severance pay when the employer ends their employment. The amount of severance is based on an employee's length of employment.

PAYROLL RECORDS AND DEDUCTIONS

Employers must establish a regular pay period and regular payday. On or before each payday, the employer must provide the employee with a written statement setting out, among other things, the pay period, gross and net pay, deductions and the reasons for the deductions.

The employer must keep detailed records of such information as: hours worked – daily and weekly; vacation time; and wages and deductions.

An employer can only make deductions from an employee's wages if the employee agrees in writing to have a specific amount deducted, or a statute or court order requires the employer to make a deduction. In some cases, the employer can't make deductions from an employee's wages even if the employee agrees to them.

EMPLOYEES CAN'T BE PENALIZED

Employees can't be penalized in any way if they:

• Ask their employers questions to comply with the ESA and the regulations;
• Ask questions about their rights under the ESA;
• File a complaint under the ESA;
• Exercise or try to exercise a right under the ESA;
• Give information to an employment standards officer;
• Are or will become eligible to take, plan to take or take pregnancy, parental or emergency leave;
• Testify, participate or are going to participate in a proceeding under the ESA;
• Take part in a proceeding under the section 4 of the Retail Business Holidays Act; or if the employer has to pay a third party money it owes to an employee because of a court order or garnishment.

RESOLVING A DISPUTE

Employers who violate the ESA can be ordered to:

• comply with the ESA;
• pay an employee the amount of wages owing up to a maximum of $10,000
• pay an administrative cost;
• reinstate and/or compensate an employee;
• pay a penalty.

An employer can also be prosecuted and upon conviction, ordered to pay a fine of up to $50,000 and/or serve up to 12 months in jail. Corporate employers convicted under the ESA may be ordered to pay a fine of up to $100,000 for the first offence, $250,000 for a second offence and $500,000 for a third offence.

An employee who files a complaint regarding unpaid wages with the Ministry of Labour is not entitled to recover wages that became due more than six months before the complaint was filed. The recovery period may be extended to 12 months where there was a repeated violation and at least one of the violations occurred in the six-month period before the complaint was filed.

If the employee is filing a complaint seeking compensation (for something other than unpaid wages) or reinstatement, the ministry may be able to provide a remedy if the complaint is filed within two years of the date the violation occurred.

EMPLOYEES AND EMPLOYERS ARE ENCOURAGED TO TRY TO RESOLVE DISPUTES WITHIN THE WORKPLACE BEFORE SEEKING THE ASSISTANCE OF THE ONTARIO MINISTRY OF LABOUR.

WHAT YOU SHOULD KNOW ABOUT THE OCCUPATIONAL HEALTH AND SAFETY ACT (OHSA)

The Occupational Health and Safety Act (OHSA) is designed to provide job safety and health protection by promoting a safe and healthy working environment. The act covers a number of issues including the creation of Joint Health and Safety Committees, the handling of toxic substances (WHMIS), the right to stop or refuse work, the notification of accidents and the duties of an inspector. In addition, the OHSA designates certain duties and obligations to various groups of persons. Included in this group are: employers; supervisors; workers; constructors; owners and officers; suppliers; licensees; self-employed persons; architects and engineers. General provisions respecting the duties and obligations for employers and workers are found below.

INFORMATION FOR EMPLOYERS AND EMPLOYEES

Duties of Employers

“Employer” means a person who employs one or more workers. This includes someone who contracts for a worker's services. For example, if you pay a temporary help agency for the services of workers supplied by the agency, you are the employer of those workers while they are under your direction. A contractor or subcontractor who performs work or supplies services for an owner, constructor, contractor or subcontractor is also the employer if he or she in turn employs workers. General duties and obligations of employers include:

• Duty to Provide a Safe Workplace – Provide a safe workplace by ensuring that all equipment, materials and protective devices are: a) provided, b) maintained and in good condition, and c) used as prescribed.
• Duty to Comply with the Act and its Regulations – Ensure that all measures and procedures are carried out in the workplace as prescribed by applicable regulations.
• Duty to Provide Information, Instruction and Supervision – Provide information, instruction and supervision to a worker to protect their health and safety. This may also include, in the course of a medical emergency, the release of confidential business information to a legally qualified medical practitioner or other prescribed persons.
• Duty to Inform Workers of Hazards – Inform workers and/or a person in authority over a worker of any hazards in the workplace associated with materials and equipment.
• Duty to Appoint Competent Person – Appoint competent persons as supervisors.
• Duty Not to Employ Minors – Ensure that all workers are over the age as may be prescribed and not knowingly permit under aged persons in or about the workplace.
• Duty to Take Every Precaution Reasonable – Take every reasonable precaution to ensure the protection of a worker's health and safety.
• Duty to Post a Copy of the Act – Post a copy of the Occupational Health and Safety Act and any other explanatory materials that outlines the rights, responsibilities and duties of workers.
• Obligation to Prepare and Post a Health and Safety Policy – Prepare, post and review at least annually a copy of the occupational health and safety policy and develop any program associated with such policy.
• Obligation to Provide Reports – Cooperate, consult and provide information and reports to the joint health and safety committee and health and safety representatives and advise workers of the results of such reports respecting occupational health and safety in the workplace.
• Duty to Establish an Occupational Health Service – Establish and maintain an occupational health service for workers.
• Duty to Provide Medical Surveillance Programs – Provide medical surveillance programs and safety-related medical examinations and tests, as prescribed, for the benefit of workers.
• Duty to Keep Records of Hazardous materials – Keep and maintain accurate records of hazardous materials in the workplace respecting their handling, use and disposal.
• Duty to Inform Workers of Hazardous Materials – Inform all workers in the workplace who are likely to be exposed to hazardous materials of their proper handling, storage, use and disposal.
• Duty to Notify a Director – Notify a Director of the use or introduction of hazardous materials into the workplace.
• Duty to Provide Written Instruction to Workers – Provide written instructions, where so prescribed, to a worker on the measures and procedures to be taken for their own protection.
• Obligation to Arrange Training Programs – Arrange for training programs, as may be prescribed, for workers, supervisors and committee members.
• Duty to Provide Medical Exams – Permit only those workers who are physically fit, have undergone medical examinations, tests or x-rays, where so prescribed, to do work in the workplace.
• Obligation to Post Orders – Post, in a conspicuous place in the workplace, a copy of orders by the Director.

Duties of Workers

“Worker” means a person who is paid to perform work or supply services for monetary compensation. This does not include an inmate of a correctional institution or similar institution or facility who participates inside the institution or facility in a work project or rehabilitation program.

Workers like employers are subject to a number of duties and obligations. Inmates from correctional institutions, those working in or about private residences or on farming operations and teachers are excluded from the act. General duties of a worker include:

• Duty to Comply with the Act – Must adhere and comply with all health and safety standards, orders and regulations.
• Duty to Properly Use All Equipment, Devices and Clothing – Use or wear all equipment, protective devices or clothing which is required as prescribed by the employer.
• Duty to Report Defective Equipment – Report to the employer or supervisor any equipment or protective device that is knowingly defective and may cause harm to themselves or other workers.
• Duty to Report all Hazards – Report to the employer or supervisor any recognized hazards or any contravention of the act and its regulations.
• Duty Not to Operate Dangerous Equipment – Avoid from operating any equipment, machine, device or thing that may endanger themselves or another worker.
• Duty Not to Engage in Boisterous Activity – Keep free from any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct in the workplace.

FOR ADDITIONAL DUTIES ON DIFFERENT CATEGORIES OF INDIVIDUALS ASSOCIATED WITH WORKPLACE PLEASE CONSULT THE OCCUPATIONAL HEALTH & SAFETY ACT

WHAT YOU SHOULD KNOW ABOUT THE ONTARIO HUMAN RIGHTS CODE

The Ontario Human Rights Code (HRC) is for everyone. It is a provincial law that gives everybody equal rights and opportunities without discrimination in specific areas such as jobs, housing and services. The HRC's goal is to prevent discrimination and harassment because of race, colour, sex, handicap and age, to name some of the sixteen grounds. Some of the rights respecting the workplace are outlined below.

EMPLOYMENT

Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or handicap.

HARASSMENT IN EMPLOYMENT

Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status or handicap.

SEXUAL HARASSMENT IN WORKPLACES

Every person who is an employee has a right to freedom from harassment in the workplace because of sex by his or her employer or agent of the employer or by another employee.

VOCATIONAL ASSOCIATIONS AND UNIONS

Every person has a right to equal treatment with respect to membership in any trade union, trade or occupational association or self-governing profession without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or handicap.

SEXUAL SOLICITATION BY A PERSON IN POWER

Every person has a right to be free from:

• A sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or reasonably to know that it is unwelcome; or
• A reprisal or a threat or reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the persons.

WHAT YOU SHOULD KNOW ABOUT THE SMOKING IN THE WORKPLACE ACT

The Smoking in the Workplace Act sets out clear restrictions on smoking in the workplace by establishing minimum standards that limit exposure to tobacco smoke in the workplace.

Every employer shall post and keep posted such signs respecting smoking in the workplace including such signs designating smoking areas (if any).

No person shall smoke in an enclosed workplace but may, however smoke if:

• a smoking area is designated by an employer;
• an area is used primarily by the public;
• an area is used primarily for lodging; or
• the area is a private dwelling.

In the event of conflict between the Act and another Act or regulation or a municipal by-law respecting smoking in a workplace, the provision that is the most restrictive shall apply.

WHAT YOU SHOULD KNOW ABOUT WORKPLACE FIRST AID REQUIREMENTS

All employers covered by the Workplace Safety and Insurance Board Act (WSIB) are required to have first aid equipment, facilities, and trained personnel in all workplaces. Regulation 1101, incorporated into the Act, states what each employer is obligated to provide. If an injury occurs in the workplace, both employers and employees have responsibilities and obligations. Outlined below are the steps required by the employer and employee in the event of a workplace injury.

IN ALL CASES OF INJURY / DISEASE AT WORK:

The Worker Must:

1. Get first aid right away. First aid includes but is not limited to cleaning minor cuts, scrapes or scratches; treating a minor burn, applying bandages and/or a dressing, cold pack or ice bag.
2. Notify the employer of the injury or the possible onset of a work-related disease or condition.
3. Claim benefits if the injury causes him or her to seek health care or if the injury causes the worker to be absent from regular work.
4. Claim WSIB benefits by: signing WSIB Form 7 (Employer's Report of Injury/Disease), or signing WSIB Form 1492 (Workers' Claim/Consent Form) and giving a copy of the form to the employer, or signing WSIB Form 6 (Worker's Report of Injury/Disease) and giving a copy of the form to the employer.
5. Choose a doctor or other qualified health professional. Do not change health professionals without permission from the WSIB.
6. Cooperate in health care treatment.
7. Cooperate in safe return to work.
8. Complete and return all WSIB forms promptly.
9. Report to the WSIB any changes in income, return to work status or medical condition.

The Employer Must:

1. Make sure first aid is given immediately.
2. Make sure there is a record of the first aid treatment/advice given to the worker.
3. Complete and give to the worker the Treatment Memorandum Form 156 if the worker needs more than first aid treatment/advice.
4. Provide immediate transportation to a hospital, a doctors' office, or the worker's home, if necessary.
5. Complete WSIB Form 7 (Employer's Report of Injury/Disease) if the worker gets health care and/or if the injury causes the worker to be absent from regular work.
6. Ask the worker to sign WSIB Form 7, or WSIB Form 1492 (Workers' Claim/Consent Form). If the worker signs the WSIB Form 7, give the worker the pink copy of the form.
7. Return the completed Form 7 to the WSIB within 3 days of learning of the injury/disease.
8. Pay full wages and benefits for the day or shift on which the injury occurred.
9. Cooperate in the worker's early and safe return to work.
10. Supply a Functional Abilities Form 2647 to the health professional treating the worker.

Regulation 1101 – First Aid Requirements under the Workplace Safety & Insurance Board Act