Proposal
Employment Standards Act, 2000 - Regulation 291/01 - Terms and Conditions of Employment in Defined Industries - Women's Coat and Suit Industry and Women's Dress and Sportswear Industry
Regulation Number(s):
O.Reg. 291/01 under the ESA
Instrument Type:
Proposal
Bill or Act:
Employment Standards Act, 2000
Summary of Proposal:
Overview of Ontario Regulation 291/01 under the Employment Standards Act, 2000 (ESA)
Employers and employees in Ontario's garment manufacturing industry are covered by the ESA. Additionally, Regulation 291/01 sets out certain special rules and terms and conditions of employment that apply to employees in two segments of the garment manufacturing industry:
1. the women's coat and suit industry; and
2. the women's dress and sportswear industry.
These two industries are defined in the regulation.
Regulation 291/01 sets out rules related to hours of work, vacation with pay, and public holidays (among other employment standards).
The Regulation is a holdover from rules that were established under the former Industrial Standards Act, which was repealed in 2001. Ontario's garment manufacturing industry has declined since that time. There may be very few businesses in Ontario that continue to manufacture garments in the women's coat and suit industry and/or the women's dress and sportswear industry (the "defined industries"). Regulation 291/01 may apply to a very limited number of employers and employees.
Change being considered
The government is considering eliminating (revoking) Regulation 291/01.
If this change were made, it would mean that employers and employees in the two defined industries would be covered by the general ESA rules in respect of those standards currently governed by the Regulation. As an example, employers and employees would be covered by the ESA's general rules on vacation time and pay, instead of the special rules in this area that are in the Regulation.
This approach would treat the two defined industries the same as the rest of the garment industry and most other Ontario workplaces for the purposes of the ESA.
What the government would like to know
• Would this change affect you? If so, how?
• Do you support the proposed change? Why or why not?
Employers and employees in Ontario's garment manufacturing industry are covered by the ESA. Additionally, Regulation 291/01 sets out certain special rules and terms and conditions of employment that apply to employees in two segments of the garment manufacturing industry:
1. the women's coat and suit industry; and
2. the women's dress and sportswear industry.
These two industries are defined in the regulation.
Regulation 291/01 sets out rules related to hours of work, vacation with pay, and public holidays (among other employment standards).
The Regulation is a holdover from rules that were established under the former Industrial Standards Act, which was repealed in 2001. Ontario's garment manufacturing industry has declined since that time. There may be very few businesses in Ontario that continue to manufacture garments in the women's coat and suit industry and/or the women's dress and sportswear industry (the "defined industries"). Regulation 291/01 may apply to a very limited number of employers and employees.
Change being considered
The government is considering eliminating (revoking) Regulation 291/01.
If this change were made, it would mean that employers and employees in the two defined industries would be covered by the general ESA rules in respect of those standards currently governed by the Regulation. As an example, employers and employees would be covered by the ESA's general rules on vacation time and pay, instead of the special rules in this area that are in the Regulation.
This approach would treat the two defined industries the same as the rest of the garment industry and most other Ontario workplaces for the purposes of the ESA.
What the government would like to know
• Would this change affect you? If so, how?
• Do you support the proposed change? Why or why not?
Further Information:
Proposal Number:
19-MOL013
Posting Date:
June 19, 2019
Comments Due Date:
August 5, 2019
Contact Address:
Ministry of Labour, 400 University Ave., Suite 1502, Toronto, ON, M5G 1S7