Regulation - LGIC

Proposed consequential amendments to O. Reg 285/01 and O. Reg. 476/06 made under the Employment Standards Act, 2000 as a result of the Fair Workplaces, Better Jobs Act, 2017.

Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Employment Standards Act, 2000
Summary of Decision:
Minimum wage rates, the rules regarding how to determine compliance with the minimum wage requirements when the minimum wage changes during a pay period, and the minimum wage rate for an employee who falls under both the "student" and "homeworker" minimum wage categories are set out in the Employment Standards Act, 2000. These rules are no longer set out in O. Reg. 285/01.

The list of individuals currently prescribed as family members in O. Reg. 476/06 with respect to whom an employee may take Family Medical Leave are now included in the Employment Standards Act, 2000. O. Reg 476/06 has been revoked.

For people the employee considers to be like a family member for the purpose of taking Family Medical Leave, the employee must, on the employer's request, provide the employer with a copy of the document provided to an agency or department of the Government of Canada for the purpose of claiming benefits under the Employment Insurance Act (Canada) in which it is stated that the employee is considered to be like a family member.
These changes take effect January 1, 2018
Further Information:
Proposal Number:
17-MOL021
Posting Date:
November 27, 2017
Summary of Proposal:
The Fair Workplaces, Better Jobs Act, 2017 amends the ESA so that the minimum wage rates, the rules regarding how to determine compliance with the minimum wage requirements when the minimum wage changes during a pay period, and the minimum wage rate for an employee who falls under both the "student" and "homeworker" minimum wage categories are set out in the Employment Standards Act, 2000. These rules are currently set out in O. Reg. 285/01. This proposal would revoke these provisions from O. Reg. 285/01.

The Fair Workplaces, Better Jobs Act, 2017 also amended to ESA so that the list of individuals currently prescribed as family members in O. Reg. 476/06 with respect to whom an employee may take Family Medical Leave are included in the Employment Standards Act, 2000. This proposal would revoke the list from O. Reg. 476/06.
Contact Address:
Ministry of Labour, 400 University Ave., Suite 1502, Toronto, ON, M5G 1S7
Effective Date:
January 1, 2018
Decision:
Approved