Regulation - LGIC
Exemptions, Special Rules and Establishment of Minimum Wage: Exemption from Equal Pay for Equal Work provisions under the Employment Standards Act
Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Employments Standards Act, 2000
Summary of Decision:
This regulation will exempt three groups from entitlement to equal pay for equal work on the basis of employment status under the Employment Standards Act when it comes into force April 1, 2018: firefighters, students subject to the student minimum wage and people working in the recorded film and television sectors.
ESA s. 42.1 (1) No employer shall pay an employee at a rate of pay less than the rate paid to another employee of the employer because of a difference in employment status when,
(a) they perform substantially the same kind of work in the same establishment;
(b) their performance requires substantially the same skill, effort and responsibility; and
(c) their work is performed under similar working conditions.
Section 42.1 of the Act does not apply to,
(a) a person employed as a firefighter as defined in section 1 of the Fire Protection and Prevention Act, 1997;
(b) an employee who is a student under 18 years of age, if the weekly hours of the student are not in excess of 28 hours or if the student is employed during a school holiday; or
(c) a person employed in the recorded visual and audio-visual entertainment production industry.
ESA s. 42.1 (1) No employer shall pay an employee at a rate of pay less than the rate paid to another employee of the employer because of a difference in employment status when,
(a) they perform substantially the same kind of work in the same establishment;
(b) their performance requires substantially the same skill, effort and responsibility; and
(c) their work is performed under similar working conditions.
Section 42.1 of the Act does not apply to,
(a) a person employed as a firefighter as defined in section 1 of the Fire Protection and Prevention Act, 1997;
(b) an employee who is a student under 18 years of age, if the weekly hours of the student are not in excess of 28 hours or if the student is employed during a school holiday; or
(c) a person employed in the recorded visual and audio-visual entertainment production industry.
Further Information:
O. Reg 285/01
Proposal Number:
17-MOL024
Posting Date:
Summary of Proposal:
Exemptions re Equal Pay for Equal Work
9.1 Section 42.1 of the Act does not apply to,
(a) a person employed as a firefighter as defined in section 1 of the Fire Protection and Prevention Act, 1997;
(b) an employee who is a student under 18 years of age, if the weekly hours of the student are not in excess of 28 hours or if the student is employed during a school holiday; or
(c) a person employed in the recorded visual and audio-visual entertainment production industry.
This regulation exempts firefighters, students subject to the minimum wage, and the recorded film and television sectors from entitlement to equal pay for equal work on the basis of employment status, when it comes into force, April 1, 2018.
9.1 Section 42.1 of the Act does not apply to,
(a) a person employed as a firefighter as defined in section 1 of the Fire Protection and Prevention Act, 1997;
(b) an employee who is a student under 18 years of age, if the weekly hours of the student are not in excess of 28 hours or if the student is employed during a school holiday; or
(c) a person employed in the recorded visual and audio-visual entertainment production industry.
This regulation exempts firefighters, students subject to the minimum wage, and the recorded film and television sectors from entitlement to equal pay for equal work on the basis of employment status, when it comes into force, April 1, 2018.
Contact Address:
400 University Ave, Suite 1502, Toronto, ON, M5G 1S7
Effective Date:
April 1, 2018
Decision:
Approved