R.R.O. 1990, Reg. 322: DOMESTICS, NANNIES AND SITTERS

Employment Standards Act
Loi sur les normes d’emploi

REGULATION 322

Amended to: O. Reg. 293/01

DOMESTICS, NANNIES AND SITTERS

Note: This Regulation was revoked on the day Parts I to XXVII of the Employment Standards Act, 2000 comes into force. This day has been named as September 4, 2001. See: O. Reg. 293/01, ss. 1, 9.

This Regulation is made in English only.

1. In this Regulation,

“domestic” means a domestic as described in clause 2 (a);

“nanny” means a nanny as described in clause 2 (b);

“sitter” means a sitter as described in clause 2 (c). R.R.O. 1990, Reg. 322, s. 1.

2. This Regulation applies to a person who is employed by a householder,

(a) as a domestic to perform services in the household who works more than twenty-four hours a week;

(b) as a nanny to rear a child who is a member of the household where the person is considered to be qualified to do so because of formal training or experience equivalent to formal training; or

(c) as a live-in sitter who works more than twenty-four hours a week primarily attending to the needs of the children of the household. R.R.O. 1990, Reg. 322, s. 2.

3. Every householder shall pay to a domestic, nanny or sitter a minimum hourly wage of not less than the amount prescribed in subsection 10 (1) of Regulation 325 of the Revised Regulations of Ontario, 1990. R.R.O. 1990, Reg. 322, s. 3.

4. (1) Where meals or room or both are taken into account by a householder in calculating the minimum wage of a domestic, nanny or sitter the maximum amount at which meals or room or both shall be valued for the purposes of determining if the minimum wage prescribed has been paid to the person shall be as set out in subsection 10 (2) of Regulation 325 of the Revised Regulations of Ontario, 1990. R.R.O. 1990, Reg. 322, s. 4 (1).

(2) Charges for meals or rooms shall not be deducted from the minimum wage of an employee unless the employee has received the meals or occupied the room supplied. R.R.O. 1990, Reg. 322, s. 4 (2).

5. (1) In this section,

“free period” means a period free from the performance of any duties by a domestic, nanny or sitter for the householder who employs the domestic, nanny or sitter. R.R.O. 1990, Reg. 322, s. 5 (1).

(2) In each week, a householder shall give to a domestic, nanny or sitter who resides in the residence of the householder one free period of thirty-six consecutive hours and one free period of twelve consecutive hours without any deduction from the normal pay of the domestic, nanny or sitter. R.R.O. 1990, Reg. 322, s. 5 (2).

(3) The free periods required to be given by subsection (2) may be, but need not be, consecutive to each other. R.R.O. 1990, Reg. 322, s. 5 (3).

(4) Subject to subsection (5), where upon the request of the householder and with the consent of the domestic, nanny or sitter, duties are performed by the domestic, nanny or sitter during a free period required to be given by subsection (2), the time spent in performing the duties shall be added, at the rate of 1.5 hours for each hour of time so spent, to one of the required free periods in one of the next four weeks subsequent to such performance without any deduction from the normal pay of the domestic, nanny or sitter. R.R.O. 1990, Reg. 322, s. 5 (4).

(5) Where no compensating time is given as prescribed by subsection (4) and despite section 3, the householder shall pay to the domestic, nanny or sitter one and one-half of their regular hourly rate for each hour duties are performed by the domestic, nanny or sitter during a free period. R.R.O. 1990, Reg. 322, s. 5 (5).

(6) Where a domestic, nanny or sitter performs duties during a free period and the time spent performing those duties is added to a subsequent free period in accordance with subsection (4) or the domestic, nanny or sitter is paid for the time spent performing those duties in accordance with subsection (5), the time spent performing those duties shall not be taken into account when calculating overtime under section 24 of the Act. R.R.O. 1990, Reg. 322, s. 5 (6).

6. Work shall be deemed not to be performed,

(a) during any agreed upon time free from the performance of any duties; or

(b) while the domestic, nanny or sitter is free from the performance of any active duties and is sleeping or eating. R.R.O. 1990, Reg. 322, s. 6.

7. (1) Where,

(a) work is performed by the domestic, nanny or sitter in excess of forty-four hours in a week; and

(b) the householder and the domestic, nanny or sitter agree,

the excess time may be granted as time off, at times agreed upon by the householder and the domestic, nanny or sitter, at the rate of 1.5 hours for each hour so spent in one of the next twelve weeks subsequent to such performance at the regular rate of pay. R.R.O. 1990, Reg. 322, s. 7 (1).

(2) Section 24 of the Act does not apply if time off is given in accordance with subsection (1). R.R.O. 1990, Reg. 322, s. 7 (2).

8. A householder shall provide the domestic, nanny or sitter with written particulars of employment respecting,

(a) the regular hours of work including the starting and finishing hours; and

(b) the hourly rate of pay. R.R.O. 1990, Reg. 322, s. 8.

9. Part IV of the Act does not apply to a domestic, nanny or sitter. R.R.O. 1990, Reg. 322, s. 9.