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O. Reg. 498/18: WHEN WORK DEEMED TO BE PERFORMED, EXEMPTIONS AND SPECIAL RULES
filed December 14, 2018 under Employment Standards Act, 2000, S.O. 2000, c. 41
Skip to contentontario regulation 498/18
made under the
Employment Standards Act, 2000
Made: December 12, 2018
Filed: December 14, 2018
Published on e-Laws: December 14, 2018
Printed in The Ontario Gazette: December 29, 2018
Amending O. Reg. 285/01
(WHEN WORK DEEMED TO BE PERFORMED, EXEMPTIONS AND SPECIAL RULES)
1. (1) Subsection 2 (1) of Ontario Regulation 285/01 is amended by,
(a) striking out “VII, VIII” in the portion before clause (a) and substituting “VII, VII.1, VIII”; and
(b) striking out “Drugless Practitioners Act” at the end of clause (c) and substituting “Naturopathy Act, 2007”.
(2) Subsection 2 (2) of the Regulation is amended by striking out “Subject to sections 24, 25, 26 and 27 of this Regulation, Parts VII, VIII, IX, X and XI of the Act” at the beginning and substituting “Subject to sections 24, 25, 25.1, 26 and 27 of this Regulation, Parts VII, VII.1, VIII, IX, X and XI of the Act”.
2. The Regulation is amended by adding the following section:
Exemption for the Crown and Certain Public Bodies
Crown, etc., exemption
2.1 (1) The Crown, a Crown agency or an authority, board, commission or corporation all of whose members are appointed by the Crown, and any employees of such an employer, are exempt from every provision of the Act except for those listed in subsection (2).
Provisions that apply
(2) Only the following provisions of the Act apply with respect to an employer or employee described in subsection (1):
1. Part I (Definitions).
2. Part III (How This Act Applies), subject to the application of subsection 4 (4.1).
3. Part IV (Continuity of Employment).
4. Section 14.
5. Part VI (Records).
6. Part IX (Minimum Wage).
7. Part XI (Vacation with Pay).
8. Part XII (Equal Pay for Equal Work).
9. Part XIII (Benefit Plans).
10. Part XIV (Leaves of Absence).
11. Part XV (Termination and Severance of Employment).
12. Part XVI (Lie Detectors).
13. Part XVIII (Reprisal), except for subclause 74 (1) (a) (vii) and clause 74 (1) (b).
14. Part XIX (Building Services Providers).
15. Part XXI (Who Enforces This Act and What They Can Do).
16. Part XXII (Complaints and Enforcement).
17. Part XXIII (Reviews by the Board).
18. Part XXVI (Miscellaneous Evidentiary Provisions).
19. Part XXVII (Regulations).
20. Part XXVIII (Transition).
3. Section 3 of the Regulation is revoked and the following substituted:
Special Rules re Certain Leaves
Professional duty
3. Sections 50, 50.0.1 and 50.0.2 of the Act do not apply to any of the following persons in circumstances in which the exercise of the entitlement would constitute an act of professional misconduct or a dereliction of professional duty:
1. A person described in clause 2 (1) (a), (c), (d) or (e).
2. A person employed as a registered practitioner of a health profession set out in Schedule 1 to the Regulated Health Professions Act, 1991, including a person described in clause 2 (1) (b).
4. Section 3.0.1 of the Regulation is revoked.
5. Clause 4 (3) (a.1) of the Regulation is revoked.
6. The Regulation is amended by adding the following section:
Exemptions re Three Hour Rule
Exemptions from Part VII.1 of Act
4.1 Section 21.2 of the Act does not apply to,
(a) a person who is employed as a student in a recreational program operated by a charitable organization registered under Part I of the Income Tax Act (Canada) and whose work or duties are directly connected with the recreational program;
(b) a person employed as a student to instruct or supervise children;
(c) a person employed as a student at a camp for children; or
(d) a person who is employed as the superintendent, janitor or caretaker of a residential building and resides in the building.
7. Clause 8 (b.1) of the Regulation is revoked.
8. Section 9.1 of the Regulation is revoked.
9. Section 24 of the Regulation is amended by striking out “Sections 25, 26 and 27” at the beginning and substituting “Sections 25, 25.1, 26 and 27”.
10. Subsection 25 (3) of the Regulation is amended by striking out “or 2 i”.
11. The Regulation is amended by adding the following section:
Three hour rule
25.1 Part VII.1 of the Act applies to an employee described in section 24 of this Regulation.
Commencement
12. This Regulation comes into force on the later of January 1, 2019 and the day it is filed.