R.R.O. 1990, Reg. 658: SCHEDULE - FUR INDUSTRY - ONTARIO

Industrial Standards Act
Loi sur les normes industrielles

REGULATION 658

Amended to: O. Reg. 291/01

SCHEDULE — FUR INDUSTRY — ONTARIO

Note: This Regulation was revoked on the day Part XXVII and subsection 144 (5) of the Employment Standards Act, 2000 come into force. This day has been named as September 4, 2001. See: O. Reg. 291/01, ss. 21, 22.

This Regulation is made in English only.

1. The Schedule is in force during pleasure within the Ontario zone and is binding upon the employers and employees in the fur industry. R.R.O. 1990, Reg. 658, s. 1.

SCHEDULE

DEFINITIONS

1.In this Schedule,

“Civic Holiday” means a holiday only for that part of the zone where it is so proclaimed by a municipality;

“holiday” means, except as otherwise provided in this Schedule,

(a) New Year’s Day,

(b) Good Friday,

(c) Victoria Day,

(d) Canada Day,

(e) Civic Holiday,

(f) Labour Day,

(g) Thanksgiving Day, and

(h) Christmas Day;

“retail work” means work in the industry performed in a retail shop.

PART I

2.This part does not apply to retail work as defined in section 1 of this Schedule.

HOURS OF WORK

3.(1)The regular working periods for the industry are,

(a) a working week consisting of not more than thirty-five hours of work performed during working days; and

(b) a working day consisting of not more than seven hours of work performed on Monday, Tuesday, Wednesday, Thursday or Friday with one hour for lunch recess.

(2)Lunch recess shall be one hour between the hours of 11.30 a.m. and 2.00 p.m.

4.(1)The employer shall elect the period between,

(a) 8.00 a.m. and 5.00 p.m.;

(b) 8.30 a.m. and 5.30 p.m.; or

(c) 9.00 a.m. and 6.00 p.m.,

as the daily period during which work is to be performed by the employer’s employees and the period so elected shall apply to all the days during which work is performed by the employees until the period is changed by another election in accordance with subsection (3).

(2)The employer shall,

(a) post conspicuously in a place where the employer’s employees are engaged in their duties; and

(b) file with the advisory committee,

a notice that sets out the daily period during which work is to be performed by the employees.

(3)Where an employer changes the election, the employer shall give ten days notice in writing to the employees and to the advisory committee of the new period elected.

OVERTIME WORK

5.Overtime work is work,

(a) that is not performed during a regular working day; or

(b) that is performed on a holiday.

6.(1)No overtime work beyond one hour shall be performed in the industry on any day without a permit from the advisory committee.

(2)The advisory committee may issue a permit referred to in subsection (1), subject to this Schedule.

(3)The advisory committee may, on request from an employer, issue a permit for a period consisting of three consecutive months.

7.(1)An application by an employer for an overtime permit shall be made in writing to the advisory committee.

(2)Where a permit from the advisory committee authorizing overtime work has been issued to an employer, the employer shall post the permit during the period it is in force in a conspicuous place where employees are engaged in their duties.

8.An employee shall be paid for a holiday, holiday pay calculated as follows:

1. Where an employee does not perform work on a holiday and has worked for 100 per cent or less of the hours regularly worked in the employer’s premises during the week preceding the holiday or the week in which the holiday occurs, the employee shall receive for that holiday the greater of pay for a regular working day,

i. equal to the proportion that the hours actually worked by the employee during the week preceding the holiday, bears to the hours in which work was regularly performed in the employer’s premises during that week, or

ii. equal to the proportion that the hours actually worked by the employee during the week in which the holiday occurs, bears to the hours in which work was regularly performed in the employer’s premises during that week.

2. Where an employee does perform work on a holiday, the employee shall be paid,

i. the wages the employee would have earned if the employee had worked for the whole of a regular working day, and

ii. 1½ times the wages earned for the hours of work performed on the holiday.

CLASSIFICATION OF EMPLOYEES

9.The following classification of employees in the industry is established:

1. Class A, composed of cutters, being persons who grade sizes on, make markers on or cut any fur.

2. Class B, composed of,

i. cutters, being persons who grade sizes on, make markers on or cut fur in the repair and remodelling of used fur garments only,

ii. operators, being persons who perform sewing operations by machine on any fur, and

iii. collar makers and cuff makers, being persons who cut collars or cuffs made of any fur to be used on garments made from textile.

3. Class C, composed of finishers, being persons who,

i. sew linings, buttons and other trimmings on fur garments or fur pieces, and

ii. fell fur garments or fur pieces.

4. Class D, composed of,

i. blockers, being persons who block fur garments or fur pieces after the sewing operations are completed by the operators, and

ii. trimmers, being persons who trim fur garments or fur pieces after they have been blocked.

5. Class E, composed of operators, being persons who perform sewing operations by machine in the repair and remodelling of used fur garments only.

6. Class F, composed of finishers, being persons who,

i. sew linings, buttons and other trimmings in the repair and remodelling of used fur garments only, and

ii. fell in the repair and remodelling of used fur garments only.

7. Class G, composed of trimmers, being persons who trim fur garments or fur pieces only in the repair and remodelling of used fur garments after they have been blocked.

8. Class H, composed of lining makers, being persons who,

i. grade sizes or make markers on furs, or

ii. by hand or machine, cut any materials used for lining a fur garment or fur piece.

9. Class I, composed of,

i. tapers, being persons who perform no work other than the application of tape to the edges of fur garments or fur pieces, and

ii. underliners and interliners, being persons who underline or interline fur garments or fur pieces.

10. Class J, composed of persons who are not previously experienced in performing the work in the industry and who, while learning the skills of such work, perform such work.

10.(1)The employer shall file with and in the manner prescribed by the advisory committee information concerning each person proposed to be classified as Class J employed by the employer, including the name, work history and the consent signed by such person and the employer to a starting rate of wage not less than the minimum rates set out in section 11.

(2)Where a person has been employed and classified as Class J for twelve months, the person ceases to be classified as Class J.

MINIMUM RATES OF WAGES

11.The minimum hourly rate of wages for all work performed in the industry during the regular working period by employees classified in section 9 is the hourly rate set opposite the respective classes as follows:

1. Class A, $6.00

2. Class B, $5.67

3. Class C, $5.34

4. Class D, $5.34

5. Class E, $5.16

6. Class F, $5.05

7. Class G, $4.92

8. Class H, $5.05

9. Class I, $4.88

10. Class J, $3.50

PART II
RETAIL WORK

12.This part applies only to retail work as defined in section 1 of this Schedule.

HOURS OF WORK

13.(1)The regular working periods for retail work in the industry are,

(a) a working week consisting of not more than thirty-six hours of work performed during working days; and

(b) a working day consisting of not more than 7¼ hours of work performed.

(2)The employer shall elect five working days from Monday, Tuesday, Wednesday, Thursday, Friday and Saturday and the days so elected shall apply until changed by another election in accordance with subsection 14 (3) of this Schedule.

(3)Lunch recess shall be one hour between the hours of 11.30 a.m. and 2.00 p.m.

14.(1)The employer shall elect,

(a) in respect of Monday, Tuesday, Wednesday and Saturday the period between,

(i) 8.00 a.m. and 5.00 p.m.,

(ii) 8.30 a.m. and 5.30 p.m., or

(iii) 9.00 a.m. and 6.00 p.m.; and

(b) in respect of Thursday and Friday the period between,

(i) 8.00 a.m. and 8.00 p.m.,

(ii) 8.30 a.m. and 8.30 p.m., or

(iii) 9.00 a.m. and 9.00 p.m.,

as the daily period during which work is to be performed by the employer’s employees and the period so elected shall apply to all the days during which work is performed by the employees until the period is changed by another election in accordance with subsection (3).

(2)The employer shall,

(a) post conspicuously in a place where the employer’s employees are engaged in their duties; and

(b) file with the advisory committee,

a notice that sets out the period during which work is to be performed by the employees.

(3)Where an employer changes the election, the employer shall give ten days notice in writing to the employees and to the advisory committee of the new period elected.

OVERTIME WORK

15.Overtime work is retail work,

(a) that is not performed during a regular working day; or

(b) that is performed on a holiday.

16.(1)No overtime work beyond one hour shall be performed in the industry on any day without a permit from the advisory committee.

(2)The advisory committee may issue a permit, referred to in subsection (1), subject to this Schedule.

(3)The advisory committee may, on request from an employer in a retail shop, issue a permit for the period from the 15th day of August in any year to the 15th day of March in the year next following.

17.(1)An application by an employer for an overtime permit shall be made in writing to the advisory committee.

(2)Where a permit from the advisory committee authorizing overtime work has been issued to an employer, the employer shall post the permit during the period it is in force in a conspicuous place where the employees are engaged in their duties.

18.An employee shall be paid for a holiday, holiday pay calculated as follows:

(1)Where an employee does not perform work on a holiday and has worked for 100 per cent or less of the hours regularly worked in the employer’s premises during the week preceding the holiday or the week in which the holiday occurs, the employee shall receive for that holiday the greater of pay for a regular working day,

(a) equal to the proportion that the hours actually worked by the employee during the week preceding the holiday bears to the hours in which work was regularly performed in the employer’s premises during that week; or

(b) equal to the proportion that the hours actually worked by the employee during the week in which the holiday occurs bears to the hours in which work was regularly performed in the employer’s premises during that week.

(2)Where an employee does perform work on a holiday, the employee shall be paid,

(a) the wages the employee would have earned if the employee had worked for the whole of a regular working day; and

(b) 1½ times the wages earned for the hours of work performed on the holiday.

CLASSIFICATION OF EMPLOYEES

19.The following classification of employees in retail work in the industry is established:

1. Class A, composed of cutters, being persons who perform the operations of grading sizes on, making markers on or cutting fur.

2. Class B, composed of operators, being persons who perform sewing operations by machine on any fur.

3. Class C, composed of finishers, being persons who,

i. sew linings, buttons and other trimmings on fur garments or fur pieces, and

ii. fell trimmings on fur garments or fur pieces.

4. Class D, composed of,

i. blockers, being persons who block fur garments or fur pieces after the sewing operations are completed by the operators, and

ii. trimmers, being persons who trim fur garments or fur pieces after they have been blocked.

5. Class E, composed of,

i. tapers, being persons who perform no work other than the application of tape to the edges of fur garments or fur pieces, and

ii. underliners and interliners, being persons who underline or interline fur garments or fur pieces.

MINIMUM RATES OF WAGES

20.The minimum hourly rate of wages for all work performed in retail work during the regular working periods by employees classified in section 19 is the hourly rate set opposite the respective classes as follows:

1. Class A, $5.44

2. Class B, $5.16

3. Class C, $4.86

4. Class D, $4.58

5. Class E, $4.29

PART III
GENERAL

21.This Part applies to all work performed in the industry.

RATE OF WAGES FOR OVERTIME WORK

22.Subject to subsection 8 (2) and subsection 18 (2), the rate of wages for overtime work performed in the industry,

(a) by an employee classified in section 9, is 1½ times the average hourly rate of wages the employee earns during the pay period in which such overtime is performed; or

(b) by an employee classified in section 19, is 1½ times the average hourly rate of wages the employee earns during the pay period during which such overtime is performed.

VACATIONS

23.(1)In this section,

“period of entitlement” means the period from the 1st day of July in any year to the 30th day of June in the year next following.

(2)An employee is entitled to an annual vacation of two weeks for the period of entitlement and as vacation pay the employer shall pay to the employee immediately preceding the employee’s annual vacation an amount equal to 4 per cent of the employee’s total wages during the period of entitlement.

(3)Where an employee has ceased to be employed during the period of entitlement for any cause or by operation of law, the employer shall pay to the employee as vacation with pay an amount equal to 4 per cent of the employee’s total wages during the period of entitlement.

ASSESSMENT

24.Subject to the approval of the Director,

(a) each employer in the industry is assessed one-half of 1 per cent of the employer’s pay roll; and

(b) each employee in the industry is assessed one-half of 1 per cent of the employee’s wages,

to provide revenue for the enforcement of this Schedule.

ADVISORY COMMITTEE

25.The advisory committee is authorized to fix a minimum rate of wages lower than the rates fixed by this Schedule for a person,

(a) who performs work included in more than one classification of employees;

(b) whose work is only partly subject to this Schedule; or

(c) who is handicapped.

26.Subject to the approval of the Director, the advisory committee is authorized,

(a) generally to administer and enforce this Schedule; and

(b) to collect the assessments under section 24 and, out of the revenue collected, to engage inspectors and other personnel and to make such expenditures as are necessary for the administration and enforcement of this Schedule.

R.R.O. 1990, Reg. 658, Sched.