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O. Reg. 162/04: PROCEEDINGS COMMENCED BY CERTIFICATE OF OFFENCE

filed June 10, 2004 under Provincial Offences Act, R.S.O. 1990, c. P.33

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ontario regulation 162/04

made under the

provincial offences act

Made: June 9, 2004
Filed: June 10, 2004
Printed in The Ontario Gazette: June 26, 2004

Amending Reg. 950 of R.R.O. 1990

(Proceedings Commenced by Certificate of Offence)

1. Regulation 950 of the Revised Regulations of Ontario, 1990 is amended by adding the following Schedules:

SCHEDULE 4.2

Employment Standards Act, 2000

 

Item

Column 1

Column 2

1.

Fail to post materials

subsection 2 (1)

2.

Fail to post translated materials

subsection 2 (3)

3.

Fail to pay wages on regular pay day

subsection 11 (1)

4.

Fail to pay wages within time allowed after employment ends

subsection 11 (5)

5.

Fail to give wage statement

subsection 12 (1)

6.

Fail to give wage statement within time allowed after employment ends

section 12.1

7.

Improperly withhold or deduct from wages 

subsection 13 (1)

8.

Fail to make records

subsection 15 (1)

9.

Fail to maintain homeworker register

subsection 15 (2)

10.

Fail to retain records

subsection 15 (5)

11.

Fail to retain documents

subsection 15 (7)

12.

Fail to make vacation records

subsection 15.1 (1)

13.

Fail to retain vacation records

subsection 15.1 (5)

14.

Fail to keep records readily available

section 16

15.

Require or permit hours of work to exceed limits

subsection 17 (1)

16.

Fail to give 11 hours free from work in day

subsection 18 (1)

17.

Fail to give 8 hours free from work between shifts

subsection 18 (3)

18.

Fail to give weekly or bi-weekly period free from work

subsection 18 (4)

19.

Fail to give eating period

subsection 20 (1)

20.

Fail to pay overtime pay

subsection 22 (1)

21.

Fail to pay overtime pay — employment ended before time off in lieu taken

subsection 22 (8)

22.

Fail to pay minimum wage

subsection 23 (1)

23.

Fail to give day off with public holiday pay — day ordinarily a working day

subsection 26 (1)

24.

Fail to pay regular pay, give substitute day off with public holiday pay or pay premium pay plus public holiday pay — employee agreed to work — day ordinarily a working day

subsection 27 (2)

25.

Fail to pay regular pay, give substitute day off with public holiday pay or pay premium pay plus public holiday pay — employee required to work — day ordinarily a working day

subsection 28 (2)

26.

Fail to give substitute day off with public holiday pay — day not ordinarily a working day

subsection 29 (1)

27.

Fail to pay public holiday pay — employee agreed to public holiday pay in lieu of substitute day — day not ordinarily a working day

subsection 29 (3)

28.

Fail to pay regular pay, give substitute day off with public holiday pay or pay premium pay plus public holiday pay — employee agreed to work — day not ordinarily a working day

subsection 30 (2)

29.

Fail to pay public holiday pay — employment ended before substitute day

section 32

30.

Fail to give vacation time

subsection 33 (1)

31.

Fail to give vacation time — stub period

subsection 34 (2)

32.

Fail to pay vacation pay

section 35.2

33.

Fail to pay vacation pay accrued when employment ends

section 38

34.

Fail to give vacation statement

subsection 41.1 (1)

35.

Fail to give notice of termination or pay in lieu of notice

section 54

36.

Fail to pay severance pay

section 64

37.

Fail to pay into trust — non-union employee elects to retain recall rights

subsection 67 (6)

38.

Fail to produce records or provide assistance

subsection 91 (8)

39.

Fail to post notice

section 93

SCHEDULE 4.3

Ontario Regulation 285/01 made under the Employment Standards Act, 2000

 

Item

Column 1

Column 2

1.

Fail to advise homeworker of type of work or basis for payment in writing

subsection 12 (1)

2.

Fail to advise homeworker of completion deadline in writing

subsection 12 (2)

3.

Fail to pay residential care worker minimum amount

section 20

4.

Fail to provide free time to residential care worker

subsection 21 (1)

5.

Fail to add to free time or pay one and one-half times regular rate — residential care worker consented to work during free hour

subsection 21 (2)

6.

Fail to pay elect to work employee one and one-half times regular rate for work on public holiday

section 29

SCHEDULE 4.4

Ontario Regulation 291/01 made under the Employment Standards Act, 2000

 

Item

Column 1

Column 2

1.

Fail to pay — employee deemed to have worked 4 hours

section 3

2.

Require or allow work at prohibited time

subsection 5 (1)

3.

Require or allow work in excess of daily limit or on Saturday or Sunday — employee not a homeworker

subsection 11 (1)

4.

Require or allow work in excess of weekly limit — homeworker

subsection 11 (2)

5.

Allow work in excess of 60 hours in week where written agreement

subsection 11 (4)

6.

Fail to give paid break — special rate work at end of day

subsection 12 (1)

7.

Fail to give eating period — special rate work on Saturday or Sunday

subsection 12 (3)

8.

Fail to pay special rate work

section 13

9.

Fail to give vacation

subsection 15 (1)

10.

Fail to pay vacation pay

subsection 16 (1)

11.

Fail to pay year-end vacation payment

subsection 17 (1)

12.

Fail to pay industry holiday pay

subsection 18 (1)

13.

Fail to pay industry holiday pay plus special rate — employee required to work on Victoria Day or Canada Day 

subsection 19 (3)

14.

Fail to give substitute day for Victoria Day or Canada Day — employee agreed to work

subsection 19 (4)