O. Reg. 390/05: Terms and Conditions of Employment in Defined Industries - Public Transit Services

 

ontario regulation 390/05

made under the

employment standards act, 2000

Made: June 22, 2005
Filed: June 24, 2005
Printed in The Ontario Gazette: July 9, 2005

terms and conditions of employment in defined industries — public transit services

Definition

1. In this Regulation,

“defined industry” means the industry of providing public transit services;

“public transit service” means any service for which a fare is charged for transporting the public by vehicles operated by or on behalf of a municipality or a local board, or under an agreement with a municipality or a local board;

“vehicle” includes transportation facilities for the physically disabled, but does not include,

(a) vehicles and marine vessels used for sightseeing tours,

(b) buses used to transport pupils, including buses owned and operated by, or operated under a contract with, a school board, private school or charitable organization,

(c) buses owned and operated by a corporation or organization solely for its own purposes without compensation for transportation,

(d) taxicabs,

(e) railway systems of railway companies incorporated under federal or provincial statutes,

(f) ferries,

(g) aviation systems, or

(h) ambulances.

Scope

2. This Regulation is restricted in its application to,

(a) employees in the defined industry who operate public transit vehicles or who work as collectors; and

(b) employers of the employees described in clause (a).

Terms and conditions of employment

3. This Regulation sets out terms and conditions of employment that apply to employees and employers described in section 2.

Hours free from work

4. (1) If the employer and employee agree, subsection (2) applies instead of subsection 18 (1) of the Act.

(2) An employer shall give an employee a period of at least eight consecutive hours free from performing work in each day.

Eating periods

5. Section 20 of the Act does not apply to an employee who,

(a) is working a straight shift, and has chosen to work that shift;

(b) is working a split shift for which no meal break that complies with section 20 of the Act is provided, and has chosen to work that shift; or

(c) is working a straight shift, or a split shift for which no meal break that complies with section 20 of the Act is provided, and has chosen to work whatever shift the employer assigns.