Acts and Regulations

E-7.2 - Employment Standards Act

Full text
Regulations
85The Lieutenant-Governor in Council may make regulations concerning any matter for the effectual working of this Act and, without limiting the generality of the foregoing, may make regulations
(a) prohibiting the employment of persons under a specified age in any specified occupation or class of work;
(b) exempting any employer or class of employers from any notice requirements of this Act;
(b.1) respecting a domestic violence leave, an intimate partner violence leave or a sexual violence leave under section 44.027, including
(i) whether the leave or any part of the leave of absence may be taken as paid or unpaid leave, or any combination of them, and, if the leave or any part of the leave of absence is paid leave, the rate of pay the employee is to be paid by the employer during the leave;
(ii) the purposes for which the domestic violence leave, the intimate partner violence leave or the sexual violence leave may be taken;
(iii) the duration of the domestic violence leave, the intimate partner violence leave or the sexual violence leave;
(iv) the verification that an employee is required to provide to an employer, if any, including the types of documentation that are acceptable, what information the documentation must contain and when the documentation must be provided;
(v) the confidentiality, the disclosure or the sharing of the documentation or other material that an employee is required to provide an employer with respect to the domestic violence leave, the intimate partner violence leave or the sexual violence leave and the procedure to be followed in consideration of the documentation or other material; and
(vi) determining any other domestic violence leave, intimate partner violence leave or sexual violence leave entitlements not referred to in subparagraph (i) to (v);
(b.11) respecting a leave of absence under paragraph 44.028(1)(a), (b), (c) or (d), including
(i) the eligibility requirements for the leave of absence;
(ii) the purposes for which the leave of absence may be taken;
(iii) whether the leave of absence or any part of the leave of absence may be taken as paid or unpaid leave, or any combination thereof, and, if the leave of absence or any part of the leave of absence is paid leave, the rate of pay the employee is to be paid by the employer during the leave;
(iv) the determination of different categories of leaves of absences and remuneration for any category of employee in any industry, business, trade or occupation;
(v) the deeming of a suspension, layoff, dismissal or termination of employment as a leave of absence under paragraph 44.028(1)(a), (b), (c) or (d);
(vi) the date on which the leave of absence commences or is deemed to commence, which date may be before the date on which the regulation comes into force;
(vii) the duration of the leave of absence, whether for a fixed or indeterminate period of time;
(viii) the extension of a leave of absence;
(ix) the right of the employee to interrupt or defer a leave of absence granted under this Act in order to take a leave of absence under paragraph 44.028(1)(a), (b), (c) or (d);
(x) the verification that an employee is required to provide to an employer, if any, including the types of documentation that are acceptable, what information the documentation must contain and when the documentation must be provided;
(xi) the confidentiality, the disclosure or the sharing of the documentation or other material that an employee is required to provide to an employer with respect to the leave of absence and the procedure to be followed in consideration of the documentation or other material; and
(xii) determining any other leave entitlements not referred to in subparagraph (i) to (xi);
(b.2) defining any word or phrase used but not defined in this Act;
(c) establishing the amounts, terms and conditions of any bond which may be required to be provided under this Act;
(c.1) prescribing provisions of this Act or the regulations for which a notice of non-compliance may be issued in respect of a contravention;
(c.2) respecting the establishment of administrative penalties;
(c.3) prescribing the amount payable for an administrative penalty in respect of a contravention, which may vary according to whether it is a first, second, third, fourth, fifth or sixth contravention;
(c.4) prescribing the period of time without a contravention of the same provision of this Act or the regulations after which a subsequent contravention is deemed to be a first contravention;
(c.5) prescribing the information to be contained in a notice of non-compliance;
(c.6) respecting the payment of an administrative penalty;
(d) requiring the use by employers in industrial undertakings of mechanical or other devices for ascertaining or assisting in ascertaining or for recording the time worked by employees and other information required for the administration of this Act;
(e) prescribing additional notice requirements for minimum wage regulations;
(e.1) prescribing the period after which an attaching order ceases to be valid;
(f) prescribing the procedure to be followed and the forms to be used in any proceeding under this Act;
(g) prescribing the form and manner in which any notice shall be given; and
(h) providing generally for the better administration of this Act.
2003, c.4, s.12; 2013, c.13, s.12; 2014, c.2, s.2; 2018, c.14, s.7; 2020, c.12, s.4
Regulations
85The Lieutenant-Governor in Council may make regulations concerning any matter for the effectual working of this Act and, without limiting the generality of the foregoing, may make regulations
(a) prohibiting the employment of persons under a specified age in any specified occupation or class of work;
(b) exempting any employer or class of employers from any notice requirements of this Act;
(b.1) respecting a domestic violence leave, an intimate partner violence leave or a sexual violence leave under section 44.027, including
(i) whether the leave or any part of the leave of absence may be taken as paid or unpaid leave, or any combination of them, and, if the leave or any part of the leave of absence is paid leave, the rate of pay the employee is to be paid by the employer during the leave;
(ii) the purposes for which the domestic violence leave, the intimate partner violence leave or the sexual violence leave may be taken;
(iii) the duration of the domestic violence leave, the intimate partner violence leave or the sexual violence leave;
(iv) the verification that an employee is required to provide to an employer, if any, including the types of documentation that are acceptable, what information the documentation must contain and when the documentation must be provided;
(v) the confidentiality, the disclosure or the sharing of the documentation or other material that an employee is required to provide an employer with respect to the domestic violence leave, the intimate partner violence leave or the sexual violence leave and the procedure to be followed in consideration of the documentation or other material; and
(vi) determining any other domestic violence leave, intimate partner violence leave or sexual violence leave entitlements not referred to in subparagraph (i) to (v);
(b.2) defining any word or phrase used but not defined in this Act;
(c) establishing the amounts, terms and conditions of any bond which may be required to be provided under this Act;
(c.1) prescribing provisions of this Act or the regulations for which a notice of non-compliance may be issued in respect of a contravention;
(c.2) respecting the establishment of administrative penalties;
(c.3) prescribing the amount payable for an administrative penalty in respect of a contravention, which may vary according to whether it is a first, second, third, fourth, fifth or sixth contravention;
(c.4) prescribing the period of time without a contravention of the same provision of this Act or the regulations after which a subsequent contravention is deemed to be a first contravention;
(c.5) prescribing the information to be contained in a notice of non-compliance;
(c.6) respecting the payment of an administrative penalty;
(d) requiring the use by employers in industrial undertakings of mechanical or other devices for ascertaining or assisting in ascertaining or for recording the time worked by employees and other information required for the administration of this Act;
(e) prescribing additional notice requirements for minimum wage regulations;
(e.1) prescribing the period after which an attaching order ceases to be valid;
(f) prescribing the procedure to be followed and the forms to be used in any proceeding under this Act;
(g) prescribing the form and manner in which any notice shall be given; and
(h) providing generally for the better administration of this Act.
2003, c.4, s.12; 2013, c.13, s.12; 2014, c.2, s.2; 2018, c.14, s.7
Regulations
85The Lieutenant-Governor in Council may make regulations concerning any matter for the effectual working of this Act and, without limiting the generality of the foregoing, may by regulation
(a) prohibit the employment of persons under a specified age in any specified occupation or class of work;
(b) exempt any employer or class of employers from any notice requirements of this Act;
(c) establish the amounts, terms and conditions of any bond which may be required to be provided under this Act;
(c.1) prescribing provisions of this Act or the regulations for which a notice of non-compliance may be issued in respect of a contravention;
(c.2) respecting the establishment of administrative penalties;
(c.3) prescribing the amount payable for an administrative penalty in respect of a contravention, which may vary according to whether it is a first, second, third, fourth, fifth or sixth contravention;
(c.4) prescribing the period of time without a contravention of the same provision of this Act or the regulations after which a subsequent contravention is deemed to be a first contravention;
(c.5) prescribing the information to be contained in a notice of non-compliance;
(c.6) respecting the payment of an administrative penalty;
(d) require the use by employers in industrial undertakings of mechanical or other devices for ascertaining or assisting in ascertaining or for recording the time worked by employees and other information required for the administration of this Act;
(e) prescribe additional notice requirements for minimum wage regulations;
(e.1) prescribe the period after which an attaching order ceases to be valid;
(f) prescribe the procedure to be followed and the forms to be used in any proceeding under this Act;
(g) prescribe the form and manner in which any notice shall be given; and
(h) provide generally for the better administration of this Act.
2003, c.4, s.12; 2013, c.13, s.12; 2014, c.2, s.2
Regulations
85The Lieutenant-Governor in Council may make regulations concerning any matter for the effectual working of this Act and, without limiting the generality of the foregoing, may by regulation
(a) prohibit the employment of persons under a specified age in any specified occupation or class of work;
(b) exempt any employer or class of employers from any notice requirements of this Act;
(c) establish the amounts, terms and conditions of any bond which may be required to be provided under this Act;
(d) require the use by employers in industrial undertakings of mechanical or other devices for ascertaining or assisting in ascertaining or for recording the time worked by employees and other information required for the administration of this Act;
(e) prescribe additional notice requirements for minimum wage regulations;
(e.1) prescribe the period after which an attaching order ceases to be valid;
(f) prescribe the procedure to be followed and the forms to be used in any proceeding under this Act;
(g) prescribe the form and manner in which any notice shall be given; and
(h) provide generally for the better administration of this Act.
2003, c.4, s.12