2000, c.41, s.54. Any evidence or submissions provided by or on behalf of the employer or the employee in response to and within the time specified in the notice. (b) at the instance and in favour of the designated authority. An executor or administrator of an estate shall take care of estate property as a prudent person would take of that person's own property, and if any buildings belong to the estate, the executor or administrator shall keep those buildings in good repair, except for extraordinary casualties, unless directed by a court order not to do so. 2000, c.41, s.29 (2). 10. 2000, c.41, s.88 (2). A reference to an employee is a reference to an assignment employee. 2017, c. 22, Sched. 116 for a review of an order issued under this section within the time allowed for applying for that review, the order becomes final and binding against the employer. 2000, c.41, s.42 (2); 2017, c. 22, Sched. (5) any other power the court finds necessary with respect to the operation of the business. 2009, c.9, s.22. (c) the date by which the employer must provide a report of the results of the examination to the employment standards officer. (2) Any of the following persons may be required to attend the meeting: 3. (14) Nothing in subsection (13) prevents a court from reviewing a decision of the Board under this section, but a decision of the Board concerning the interpretation of this Act shall not be overturned unless the decision is unreasonable. (4) In a prosecution or other proceeding under this Act, a certificate shown by a collector that appears to be signed by the Director setting out any of the following facts is evidence of the fact without further proof: 1. 2021, c. 35, Sched. 65 (1) Severance pay under this section shall be calculated by multiplying the employees regular wages for a regular work week by the sum of, (a) the number of years of employment the employee has completed; and. This subchapter does not apply to: (1) the appointment of an independent executor or administrator under Section 401.002 or 401.003(a); or. 2017, c. 22, Sched. 2014, c. 6, s. 3. Added by Acts 2019, 86th Leg., R.S., Ch. 1, s. 38. (3.1)-(8) Repealed: 2014, c. 10, Sched. Sec. 2001, c.9, Sched. 2021, c. 35, Sched. 351.001. (3) The temporary help agency shall ensure that the records required to be retained under this section are readily available for inspection as required by an employment standards officer, even if the agency has arranged for another person to retain them. iv. 1, s. 36. 1, s. 36. APPEAL BOND. Entitlement to leave critically ill adult. (2) separate from the representative's individual property. (4) Subject to subsection (6), service of a document by a fax or email sent on a Saturday, Sunday or a public holiday or on any other day after 5 p.m. is effective on the next day that is not a Saturday, Sunday or public holiday. (2) Subsections 74.1.7 (2) and (3) apply with necessary modifications if a licence is cancelled under this section. 9, s. 2 (1). 3. (9) Sections 91 and 92 apply with necessary modifications with respect to a labour relations officer acting under subsection (8). 9, s. 8 (1). (4) An employee who takes pregnancy leave shall not terminate her employment before the leave expires or when it expires without giving the employer at least four weeks written notice of the termination. 1, s. 14. 2000, c.41, s.13 (4). (a) Except as provided by Subsection (b), an appeal bond is not required if an appeal is taken by an executor or administrator. 3. 2004, c.21, s.4; 2019, c. 4, Sched. 2017, c. 22, Sched. (7) An employer shall retain or arrange for some other person to retain all notices, certificates, correspondence and other documents given to or produced by the employer that relate to an employee taking pregnancy leave, parental leave, family medical leave, organ donor leave, family caregiver leave, critical illness leave, child death leave, crime-related child disappearance leave, domestic or sexual violence leave, sick leave, family responsibility leave, bereavement leave, emergency leave during a declared emergency or an infectious disease emergency or reservist leave for three years after the day on which the leave expired. J, s. 3(7). (4) An employer who is a sole proprietor or a partner in a partnership may share in tips or other gratuities redistributed under subsection (1) if he or she regularly performs to a substantial degree the same work performed by, (a) some or all of the employees who share in the redistribution; or. I, s.1(28). 2, s. 4. came into force, the employees parental leave ends, (a) 35 weeks after it began, if the employee also took pregnancy leave; and. Total amount of leave critically ill adult. Agreement to work where not ordinarily a working day. If the employee performs some of the work that he or she was required to perform on the public holiday but fails, with reasonable cause, to perform all of it, the employer shall give the employee wages at his or her regular rate for the hours worked on the public holiday and a substitute day off work in accordance with clause (2) (a) or public holiday pay for the public holiday plus premium pay for each hour worked on the public holiday under clause (2) (b), as the employer chooses. (2) A complaint that is not filed in a form approved by the Director shall be deemed not to have been filed. 2000, c.41, s.104 (2). (b) if the person is a corporation, to a fine of not more than $4,000 for each day during which the failure to comply continues. 2, s. 1), foreign national has the same meaning as in the Employment Protection for Foreign Nationals Act, 2009; (tranger), homeworker means an individual who performs work for compensation in premises occupied by the individual primarily as residential quarters but does not include an independent contractor; (travailleur domicile), hospital means a hospital as defined in the Hospital Labour Disputes Arbitration Act; (hpital), infectious disease emergency leave pay means pay for any paid days of leave taken under subsection 50.1 (1.2); (indemnit de cong spcial en raison dune maladie infectieuse), information technology consultant means an individual who provides advice or services to a business or organization in respect of its information technology systems, including advice about or services in respect of planning, designing, analyzing, documenting, configuring, developing, testing and installing the businesss or organizations information technology systems; (conseiller en technologie de linformation), labour relations officer means a labour relations officer appointed under the Labour Relations Act, 1995; (agent des relations de travail), Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2021, c. 35, Sched. (2) In a prosecution or other proceeding under this Act, a copy of a record or other document or an extract from a record or other document that appears to be certified as a true copy or accurate extract by an employment standards officer is evidence of the record or document or the extracted part of the record or document and of the facts appearing in the record, document or extract without proof of the signature or office of the person appearing to have certified the copy or extract or any other proof. Same, exclusion re change to employment contract. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 6 of subsection 3 (5) of the Act is repealed. (1.1) If an employee has two or more regular rates for work performed for the same employer in a work week, (a) the employee is entitled to be paid overtime pay for each hour of work performed in the week after the total number of hours performed for the employer reaches the overtime threshold; and. Big Blue Interactive's Corner Forum is one of the premiere New York Giants fan-run message boards. (a) the period to be covered by the examination; (b) the provision or provisions of this Act or the regulations to be covered by the examination; and. 2, s. 3. (c) the review is terminated. 1, s. 36. 2000, c.41, s.27 (4); 2002, c.18, Sched. 1, s. 44. 1, s. 38. ii. 2004, c.21, s.5. 2017, c. 22, Sched. (6) The Director or the designated authority, as the case may be, (a) is entitled to the costs of enforcing the order as if it were an order of the court in which the copy of it was filed; and. (6) For the purposes of the application of this section in respect of Part XVIII.1, the following modifications apply: Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 of subsection 114 (6) of the Act is amended by adding a recruiter or a prospective employer who engages or uses the services of a recruiter to find or attempt to find an employee at the end. 2018, c. 14, Sched. 294 0 obj <>/Encrypt 286 0 R/Filter/FlateDecode/ID[<04230CA029347849B483F4D445B9DCC8><965D8F02B5A21E4A98852DCB195AA991>]/Index[285 25]/Info 284 0 R/Length 62/Prev 65778/Root 287 0 R/Size 310/Type/XRef/W[1 2 1]>>stream However, if the employee also fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday, the employee has no entitlement under subsection (2). 2021, c. 35, Sched. (iii) files a complaint with the Ministry under this Act. 2000, c.41, s.46 (6). 2001, c.9, Sched. (2) An employer shall pay an employees wages. 1, s. 1 (11). 2014, c. 10, Sched. 2001, c.9, Sched. 351.106. (32) No action or other proceeding for damages may be commenced against a member of the board of directors, or an officer or employee of the Board, for an act or omission done or omitted by the person in good faith in the execution or intended execution of any power or duty under this section. (2) The Attorney General or an agent for the Attorney General may by notice to the clerk of the court require that a judge of the court hear and determine the prosecution. 144 Omitted (amends or repeals other Acts). 2021, c. 9, s. 3. Regulations re emergency leaves, declared emergencies, infectious disease emergencies. 1, s. 26 (1); 2021, c. 40, Sched. (2) An employer may indemnify a director, a former director and the heirs or legal representatives of a director or former director against all costs, charges and expenses, including an amount paid to satisfy an order under this Act, including an order which is the subject of a filing under section 126, reasonably incurred by the director with respect to any civil or administrative action or proceeding to which he or she is a party by reason of being or having been a director of the employer if, (a) he or she has acted honestly and in good faith with a view to the best interests of the employer; and. (a) A court, after notice to all interested persons and a hearing, may order the personal representative of an estate to operate a business that is part of the estate and may grant the representative the powers to operate the business that the court determines are appropriate, after considering the factors listed in Subsection (b), if: (1) the disposition of the business has not been specifically directed by the decedent's will; (2) it is not necessary to sell the business at once for the payment of debts or for any other lawful purpose; and. 2021, c. 35, Sched. 1, s. 9 (4). 2009, c.9, s.11. No determination if application incomplete. Such other information as may be prescribed. 4. 102 (1) An employment standards officer may, after giving at least 15 days written notice, require any of the persons referred to in subsection (2) to attend a meeting with the officer in the following circumstances: 1. 14.5 (1) If a collective agreement that is in effect on the day section 1 of the Protecting Employees Tips Act, 2015 comes into force contains a provision that addresses the treatment of employee tips or other gratuities and there is a conflict between the provision of the collective agreement and this Part, the provision of the collective agreement prevails. agent includes a trade union that represents an employee in collective bargaining; (mandataire), alternative vacation entitlement year means, with respect to an employee, a recurring 12-month period that begins on a date chosen by the employer, other than the first day of the employees employment; (anne de rfrence diffrente), (b) the Board, when it is acting under section 133 of the J, s.3(15). trade union means an organization that represents employees in collective bargaining under any of the following: 2. (9) In an order for service, the Board shall specify when service in accordance with the order is effective. 2019, c. 4, Sched. 74.13.1 (1) For the purposes of the application of section 102.1 in respect of this Part, the following modifications apply: 1. 2009, c.9, s.3. (8) If the interest earned on money held by the Director in trust exceeds the interest paid to the person entitled to receive the money, the Director may use the difference to pay any service charges for the management of the money levied by the financial institution with which the money was deposited. (2.1) For the purpose of clause (1) (c), an employee who has a regular work week is laid off for a week if, (a) in that week, the employee earns less than one-quarter the amount he or she would earn at his or her regular rate in a regular work week; and. 309 0 obj <>stream Sec. If the employee, with reasonable cause, performs none of the work that he or she was required to perform on the public holiday, the employer shall give the employee a substitute day off work in accordance with clause (2) (a) or public holiday pay for the public holiday under clause (2) (b), as the employer chooses. 2009, c.9, s.3. 2022, c. 7, Sched. (a) A personal representative of an estate may renew or extend any obligation owed by or to the estate on application and order authorizing the renewal or extension. (2) prosecute any suit then pending in favor of the estate. 17 (1) Subject to subsections (2) and (3), no employer shall require or permit an employee to work more than, (a) eight hours in a day or, if the employer establishes a regular work day of more than eight hours for the employee, the number of hours in his or her regular work day; and. 1, s. 1 (4). (6) The Board may, with necessary modifications, exercise the powers conferred on the Director under this Part and may substitute its findings for those of the Director. (b) the amount of the demand. Part XXIX Incorporation of the Protecting a Sustainable Public Sector for Future Generations Act, 2019, Incorporation of the Protecting a Sustainable Public Sector for Future Generations Act, 2019. (See: 2021, c. 35, Sched. prescribed means prescribed by a regulation made under this section. (5) The employer shall retain or arrange for some other person to retain each record required under this section for five years after it was made. 2, s. 4. 2017, c. 22, Sched. 2, s. 22 (2)). (vi) testifies or is required to testify or otherwise participates or is going to participate in a proceeding under this Act. 34 (1) This section applies if the employer establishes an alternative vacation entitlement year for an employee. 2, s. 3. (9) If the Board upholds the Directors decision to refuse to issue or renew, or to revoke or suspend, a persons licence to act as a recruiter, the person shall give written notice of the refusal, revocation or suspension to every employer, prospective employer and prospective employee who has engaged or used the services of the recruiter within 30 days after the Board issues its decision. ENSURING COMPLIANCE WITH LAW. Prescribing what constitutes the performance of work. An attestation, to be completed by the employer in the form approved by the Board that. (iv) exercises or attempts to exercise a right under this Act. 2, s. 14). (20) If requested by the employer, the employee shall provide the employer with a copy of the certificate referred to in subsection (2) or (5) or clause (14) (a) or (15) (a) as soon as possible. (d) by any other prescribed method of payment. (2) If, before a persons licence expires, the person applies for a licence renewal in accordance with section 74.1.3, the licence remains valid until the licence is renewed or notice of the refusal to renew the licence is served. Weekly or biweekly free time requirements. 4. 2019, c. 4, Sched. (6) At the discretion of the Director, a director who is subject to an order under this section may be ordered to pay the wages in trust to the Director. (See: 2021, c. 35, Sched. 3. (5) The Director may file a copy of the order in a court of competent jurisdiction and, upon its filing, the order is enforceable as a judgment or order of the court, (a) at the instance and in favour of the Director; or. (10) If an employee has agreed to work hours in excess of those referred to in clause 17 (1) (a) and hours in excess of those referred to in clause 17 (1) (b), the fact that the Director has approved the agreement in accordance with a regulation made under paragraph 9 of subsection (1) does not prevent the employee from revoking, in accordance with subsection 17 (6), that part of the agreement dealing with the hours in excess of those referred to in clause 17 (1) (b). 2, s. 2 (1). 1, s. 19. 22.1 Repealed: 2019, c. 4, Sched. Conditions respecting orders under this section. 2015, c. 32, s. 1. 2001, c.9, Sched. Your Civil Service pension: A passport to your passions. three years after the employee ceased to be employed by the employer. 351.153. If something unforeseen occurs, to ensure the continued delivery of essential public services, regardless of who delivers those services. (2.4) A regulation made under subsection (2.3) may limit the duration of the extended leave and may set conditions that must be met in order for the employee to be entitled to the extended leave. (See: 2021, c. 35, Sched. 3. 2000, c.41, s.58 (5). 2010, c.16, Sched. (4.1) Subsection (2) does not apply to the Crown, a Crown agency or an authority, board, commission or corporation all of whose members are appointed by the Crown. 2017, c. 22, Sched. 2000, c.41, s.92 (5). 2000, c.41, s.27 (2). 2014, c. 10, Sched. The amount of vacation time that the employee earned during the vacation entitlement year. (4) If, upon application to the Board, the employee or employer demonstrates that he, she or it entered into a settlement under this section as a result of fraud or coercion. 2, s. 6), Note: On a day to be named by proclamation of the Lieutenant Governor, Part XVIII.1 of the Act is amended by striking out the heading Interpretation and Application. J, s.3(9); 2017, c. 22, Sched. (6) If an employee stops working because a child comes into the employees custody, care and control for the first time earlier than expected, (a) the employees parental leave begins on the day he or she stops working; and. J, s.3(4). Sec. (3) An order under subsection (1) may be filed by the Director in a court of competent jurisdiction and upon filing shall be deemed to be an order of that court for the purposes of enforcement. 7. 5. (2) Subsection (1) does not apply with respect to a distribution made under the Bankruptcy and Insolvency Act (Canada) or other legislation enacted by the Parliament of Canada respecting bankruptcy or insolvency. The amount of vacation time, if any, that the employee had earned since the start of employment but had not taken as of the end of the vacation entitlement year. The vacation shall be completed no later than 10 months after the start of the first alternative vacation entitlement year. (b) the number of months of employment not included in clause (a) that the employee has completed, divided by 12. (B) a description of the persons business. 2000, c.41, s.23 (1); 2014, c. 10, Sched. The representative's records must at all times show the ownership of the property. 2000, c.41, s.141(2); 2004, c.15, s.5. (2.5) The Lieutenant Governor in Council may make regulations. (5) If an employer terminates the employment of an employee under clause (1) (c), the employment shall be deemed to be terminated on the first day of the lay-off. If the employee failed to comply with the notice, i. any evidence or submissions provided by or on behalf of the employee before the meeting, and. (12) For the purposes of an employees entitlement under clause (4) (b), if an employee takes any part of a week as leave, the employer may deem the employee to have taken one week of leave. 2017, c. 22, Sched. (5) An employment standards officer shall not amend or rescind a notice of contravention after the last day on which he or she could have issued that notice under subsection (1) unless the employer against whom the notice was issued consents to the rescission or amendment. 2. 6. (2) This Act does not apply with respect to an employee and his or her employer if their employment relationship is within the legislative jurisdiction of the Parliament of Canada. 2, s. 22 (1)). week means a period of seven consecutive days beginning on Sunday and ending on Saturday. The applicant for the review of an order. 7 An agreement or authorization that may lawfully be made or given by an employee under this Act may be made or given by his or her agent and is binding on the employee as if it had been made or given by the employee. 1, s. 4; 2020, c. 3, s. 2. 2017, c. 22, Sched. Premium pay that was earned during the relevant pay period. 351.351. 2021, c. 35, Sched. The last day of the week in which the individual described in subsection (3) dies. J, s.3(10). (2) An employer shall provide a copy of the written policy with respect to disconnecting from work to each of the employers employees within 30 days of preparing the policy or, if an existing written policy is changed, within 30 days of the changes being made. 1, s. 38. (b) A judgment in a suit described by Subsection (a) is conclusive, but may be set aside by any interested person for fraud or collusion on the executor's or administrator's part. (2) This Part does not apply with respect to directors of corporations to which the Not-for-Profit Corporations Act, 2010 applies or to which the Co-operative Corporations Act applies. 351.204. (9) Despite subsection (8), no application under this section shall be made by an employer or accepted by the Board, (b) if a later date is prescribed for the purposes of subsection 50.1 (5.2), 120 days after that later date; or. Any conditions imposed by the Director on an authorization described in paragraph 2. week means a period of seven consecutive days beginning on Sunday and ending on Saturday. (2.6) The Lieutenant Governor in Council may make regulations respecting the licensing of temporary help agencies and recruiters under Part XVIII.1 (Temporary Help Agencies and Recruiters), and without restricting the generality of the foregoing, may make regulations. 2, s. 15. (4) An employee wishing to take pregnancy leave shall give the employer, (a) written notice at least two weeks before the day the leave is to begin; and. Same, application of subs. A reference to an employee includes a reference to an assignment employee or prospective assignment employee. Provision of assistance in special purposes proceedings. 4. 1, s. 38. 50.0.1 (1) An employee who has been employed by an employer for at least two consecutive weeks is entitled to a leave of absence without pay because of any of the following: 1. 2017, c. 22, Sched. (a) the gross amount of any termination pay or severance pay being paid to the employee; (b) the gross amount of any vacation pay being paid to the employee; (c) unless the information is provided to the employee in some other manner, how the amounts referred to in clauses (a) and (b) were calculated; (d) the pay period for which any wages other than wages described in clauses (a) or (b) are being paid; (f) the gross amount of any wages referred to in clause (d) and, unless the information is provided to the employee in some other manner, how that amount was calculated; (g) the amount and purpose of each deduction from wages; (h) any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and. Information about claims filed with the Board under the Workplace Safety and Insurance Act, 1997 in respect of the employee. 2000, c.41, s.25 (1). (a) monetary remuneration payable by an employer to an employee under the terms of an employment contract, oral or written, express or implied, (b) any payment required to be made by an employer to an employee under this Act, and. In addition to the persons referred to in subsection 102 (2), the following persons may be required to attend the meeting: ii. 2000, c.41, s.48 (5). 3. 2, s. 15). (See: 2018, c. 14, Sched. 2. (v) The employee is providing care or support to an individual referred to in subsection (8) because of a matter related to the designated infectious disease that concerns that individual, including, but not limited to, school or day care closures. 14.1 Repealed: 2017, c. 22, Sched. A child, step-child or foster child of the employee or the employees spouse. (9) A notice of lien and charge under subsection (2) or any renewal of it shall be in the form of a financing statement or a financing change statement as prescribed under the Personal Property Security Act and may be tendered for registration under Part IV of that Act, or by mail addressed to an address prescribed under that Act. (3.3) For the purposes of clauses (1) (c) and (2) (a), an employee who does not have a regular work week is laid off for a period longer than the period of a temporary lay-off if for more than 13 weeks in any period of 20 consecutive weeks he or she earns less than one-half the average amount he or she earned per week in the period of 12 consecutive weeks that preceded the 20-week period. 2015, c. 32, s. 1. Sec. 1, s. 31 (1). (b) the agreement contains a statement in which the employee acknowledges that he or she has received a document that the employer has represented is the most recent document published by the Director under section 21.1. 1, s. 26 (3); 2019, c. 4, Sched. J, s.3(3). 13. I, s.1(24); 2009, c.9, s.15(2). (3) No proceeding shall be instituted against the Director for acting in compliance with this section. 1, s. 34 (4). Raise awareness of the risks, educate yourself and protect scheme members. 9, s. 3 (3). 2009, c.9, s.3. 2021, c. 9, s. 2 (2). (10), (11) Repealed: 2018, c. 14, Sched. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 74.4.2 (1) of the Act is repealed and the following substituted: (See: 2021, c. 35, Sched. (4) The employer is not required to provide a statement to an employee more than once with respect to a vacation entitlement year or stub period. 2017, c. 22, Sched. (3) Despite subsection (2), if the disappearance occurred before January 1, 2018, the employee is entitled to a leave of absence without pay in accordance with section 49.5 as it read on December 31, 2017. (a) an employee performs work of a particular kind or character in a work week in which a public holiday occurs; (b) the regulations exempt employees who perform work of that kind or character from the application of this Part; and. 2. 1, s. 8 (4). 2, s. 10. ii. 351.202. In this subchapter, "business" includes a farm, ranch, or factory. 9, s. 10. (2) A person who receives information under section 77 shall not disclose it, except as authorized under this Part. (a) exempting a benefit plan, part of a benefit plan or the benefits under such a plan or part from the application of Part XIII; (b) permitting a differentiation in a benefit plan between employees or their beneficiaries, survivors or dependants because of the age, sex or marital status of the employees; (c) suspending the application of Part XIII to a benefit plan, part of a benefit plan or benefits under such a plan or part for the periods of time specified in the regulation; (d) prohibiting a reduction in benefits to an employee in order to comply with Part XIII; (e) providing the terms under which an employee may be entitled or disentitled to benefits under a benefit plan. (b) continues to make whatever benefit plan contributions would be required to be made in order to maintain the benefits to which the employee would have been entitled had he or she continued to be employed during the period of notice that he or she would otherwise have been entitled to receive. (d) sells goods or services incidental to a business described in clause (a), (b) or (c) and is located in the same premises as that business. TITLE 2. 2018, c. 14, Sched. 2000, c.41, s.112 (1). (3) An employee is not entitled to a leave of absence under this section if the employee is charged with a crime in relation to the death of the child or if it is probable, considering the circumstances, that the child was a party to a crime in relation to his or her death. (8.2) An employer shall retain or arrange for some other person to retain copies of every written policy on electronic monitoring required under Part XI.1 for three years after the policy ceases to be in effect. 2000, c.41, s.65 (6); 2002, c.18, Sched. 1, s. 1 (1-10); 2018, c. 14, Sched. If the child is found dead, the employees entitlement to be on leave under this section ends at the end of the week in which the child is found. 2017, c. 22, Sched. For any other employees not listed in subparagraphs i to iii, $15.00 per hour. The court must approve a contract or conveyance described by this subsection before an attorney performs any legal services. 2000, c.41, s.23 (2). 2000, c.41, s.81 (1). Sec. 1, s. 10. For information referred to in paragraph 1 or 3 of subsection (1), three years after the employee ceased to be employed by the employer. 351.355. 2000, c.41, s.42 (1). (b) money held by the Director in trust. The amount of vacation pay paid to the employee during the vacation entitlement year. 8. 11. 111 (1) If an employee files a complaint alleging a contravention of this Act or the regulations, the employment standards officer investigating the complaint may not issue an order for wages that became due to the employee under the provision that was the subject of the complaint or any other provision of this Act or the regulations if the wages became due more than two years before the complaint was filed. 2000, c.41, s.124 (3). Sec. 2000, c.41, s.120 (6); 2009, c.9, s.21; 2017, c. 22, Sched. 2017, c. 22, Sched. (a) the public holiday on which the employee will work; (b) the date of the day that is substituted for a public holiday under clause (2) (a); and. 56 (1) An employer terminates the employment of an employee for purposes of section 54 if. Tie vote. (2.1) Despite subsection (2), when an employee in receipt of an actuarially unreduced pension benefit has his or her employment severed by an employer on or after November 6, 2009, time spent in the employers employ for which the employee received service credits in the calculation of that benefit shall not be included in determining whether he or she is eligible for severance pay under subsection 64 (1) and in calculating his or her severance pay under subsection (1). (2) The employer and the other person or persons described in subsection (1) shall all be treated as one employer for the purposes of this Act. sale includes a lease. 3. 2, s. 5 (1). 2017, c. 22, Sched. 1, s. 6. This notice of appointment must be served on all interested persons within 14 days after the appointment of the personal representative. PART Vii HOURS OF WORK AND EATING PERIODS. 2014, c. 10, Sched. 74.18 (1) Subject to subsection (2), if an assignment employee was assigned to perform work for a client of a temporary help agency during a pay period, and the agency fails to pay the employee some or all of the wages described in subsection (3) that are owing to the employee for that pay period, the agency and the client are jointly and severally liable for the wages. The officer acquires information that suggests to him or her the possibility that an employer may have contravened this Act or the regulations with respect to an employee. A person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met. 2009, c.16, s.2. (8) In addition to any other rights and remedies, if amounts owed by an employer, director or other person liable to make a payment remain outstanding and unpaid, the Director has, in respect of a lien and charge under subsection (2). (2) Clause (1) (c) does not apply with respect to an order issued under section 108. (3) Subject to subsection (4), an employee is entitled to take up to 37 weeks of leave under this section to provide care or support to a critically ill minor child. I, s.1(22); 2014, c. 10, Sched. (a) by being delivered to the Directors office on a day and at a time when it is open; (b) by being mailed to the Directors office using a method of mail delivery that allows delivery to be verified; or. (b) pay to the employee public holiday pay for the day plus premium pay for each hour worked on that day. SUBCHAPTER H. CERTAIN ADMINISTERED ESTATES. 2000, c.41, s.4 (5). 2009, c.9, s.15(3); 2017, c. 22, Sched. The employees seniority. 2017, c. 22, Sched. 2000, c.41, s.101 (8). 2, s. 9. 1, s. 33 (2). Sec. (7) A demand that a record or other thing be produced must be in writing and must include a statement of the nature of the record or thing required. A child who is under legal guardianship of the employee or the employees spouse. (b) if the employees employment was severed under clause 63 (1) (c) or (d), the date on which the lay-off began. 2000, c.41, s.139. (a) in the case of service under clause (3) (a), on the day shown on a receipt or acknowledgment provided to the employee by the Director or his or her representative; (b) in the case of service under clause (3) (b), on the day shown in the verification; (c) in the case of service under clause (3) (c), on the day on which the fax or email is sent, subject to subsection (5). 2021, c. 9, s. 3. (4) Subsections 103 (3) and (6) to (9) apply with respect to an order issued under this section with necessary modifications and for the purpose, without limiting the generality of the foregoing, a reference to an employee is a reference to an assignment employee or prospective assignment employee. 2000, c.41, s.21. 2000, c.41, s.4 (2). 2000, c.41, s.109 (3). 2019, c. 4, Sched. (b) a payment voluntarily made to an employer by a customer in such circumstances that a reasonable person would be likely to infer that the customer intended or assumed that the payment would be redistributed to an employee or employees, (c) a payment of a service charge or similar charge imposed by an employer on a customer in such circumstances that a reasonable person would be likely to infer that the customer intended or assumed that the payment would be redistributed to an employee or employees, and. 2017, c. 22, Sched. 1, s. 60. (1) The supervisory body must appoint a person to be 140. mmorpgfps (semaine) 2017, c. 22, Sched. (2) If a group of parties have the same interest or substantially the same interest, the Board may designate one or more of the parties in the group to represent the group. I, s.1(1); 2002, c.18, Sched. C, s. 23. 9, s. 3 (1). (7) The production of a document that appears to show that the Director has consented to a prosecution under this section is admissible as evidence of the Directors consent. 2021, c. 9, s. 2 (2). I, s.1(30); 2002, c.18, Sched. 1, s. 19. 351.301. 2000, c.41, s.96 (1). (b) pay the amount of the compensation to the employee. (b) he or she is not assigned by the agency to perform work for a client on a temporary basis. 20, s.1 (2-6). 1, s. 44. (5.1) Repealed: 2019, c. 4, Sched. 2000, c.41, s.18 (1); 2002, c.18, Sched. legally qualified medical practitioner means. 133 (1) If an employer is convicted under section 132 of contravening section 74 or paragraph 4, 6, 7 or 10 of subsection 74.8 (1) or if a client is convicted under section 132 of contravening section 74.12, the court shall, in addition to any fine or term of imprisonment that is imposed, order that the employer or client, as the case may be, take specific action or refrain from taking specific action to remedy the contravention. (5) The employment standards officer may give directions on how to make records or other documents available for the meeting. 174. (3.1) An employee may begin her pregnancy leave no later than the earlier of. (8) The Board shall give the parties full opportunity to present their evidence and make their submissions. (See: 2021, c. 35, Sched. 2000, c.41, s.8 (1). 2000, c.41, s.101 (5). (5) An employees severance pay entitlement under this section shall not exceed an amount equal to the employees regular wages for a regular work week for 26 weeks. 2782), Sec. 2000, c.41, s.115 (1). (1.4) If, on April 19, 2021, an employee is entitled to take paid leave under an employment contract in any of the circumstances for which the employee would also be entitled to take a leave under subsection (1.2), the employees entitlement under subsection (1.3) is reduced by the employees entitlement under the contract. I, s.1 (8). J, s.3(17). (2) A settlement may be effected under this section even if, (a) the employment standards officer who issued the order or refused to issue the order does not participate in the settlement discussions or is not advised of the discussions or settlement; or. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employees spouse. (7) Without restricting the generality of subsection (6), (a) on a review of an order, the Board may amend, rescind or affirm the order or issue a new order; and. 2000, c.41, s.59 (1). (3) Subsection (2) does not apply if the day on which the new provider hires the employee is more than 13 weeks after the earlier of his or her last day of employment with the replaced provider and the day on which the new provider began servicing the premises. 1, s. 21. (5) The Director may, with the approval of the Minister, determine the rates of interest and the manner of calculating interest for, (a) amounts owing under different provisions of this Act or the regulations, and. (4) The employer shall record information under this section by a date that is not later than the later of, (a) seven days after the start of the next vacation entitlement year or the first vacation entitlement year, as the case may be; and. (2.1) For greater certainty, subsection 50.1 (7) of this Act prevails over the provisions incorporated into this Act under subsection (1). ii. Application of s. 112 (4), (5), (7) and (9). J, s.3(23). 2000, c.41, s.42 (4); 2017, c. 22, Sched. 41.1 (1) An employee is entitled to receive the following statements on making a written request: 1. 351.054. 2000, c.41, s.120 (3). 2. A, s.3. 3 A the ratio calculated under paragraph 1. 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