(This Client Guide provides general information and is made available to provide a general description of statutory employment standards in Ontario. This is not intended to constitute legal advice, which by its nature is situation specific. The legal consequences of the minimum employment standards can be confusing and if you have questions about a specific employment standard or other legal problem, you should consult a lawyer who will provide legal advice only after reviewing all the facts relevant to your situation, rather than relying on the general information provided in this Guide.)

The Employment Standards Act of Ontario (the "Act") sets out provincial minimum standards for certain specified employment conditions in Ontario. Since these standards are minimums only, an individual contract of employment may well entitle an employee to benefits beyond the statutory minimum standards. These standards do not apply to employees governed by the Canada Labour Code.

This standard does not apply to residential care workers. They have their own standard.

Overtime rate: not less than one and one-half times the regular wage rate.

Threshold: all hours in excess of 44 hours per week (or such different period as may be prescribed by regulation) must be paid for at the overtime rate.

Subject to regulations (not yet enacted), with the agreement of the employee, the employee's hours of work may be averaged over a period of not more than 4 weeks to determine entitlement to overtime pay. Each averaging agreement must contain an expiry date that, for non-union workers, cannot exceed 2 years. The agreement is irrevocable by the employee and employer, except with the consent of both, for its term.

Lieu Time: Instead of payment, an employee can take one and one-half hours off for each overtime hour worked provided it is taken within 3 months of the overtime, or within 12 months with the consent of the employer. Any unexpired lieu time not taken at the time of termination must be paid for by the employer at the overtime rate.

For more information on residential car workers, see: Ontario Regulation 285/01, sections 20-23.

   FURTHER QUESTIONS

If you have any questions or wish further information on employment standards, please contact a member of our Employment Group.

This page was originally created on August 1, 2001and was last updated September 27, 2002.

For comments or feedback, please contact the webmaster.

© 2001-2002 Hooey Remus. All rights reserved.