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Hours of Work and Wages Regulation in Canada

Learn about the regulations governing hours of work and wages in Canada, including federal and provincial laws, the constant changes in employment standards, and case studies of Ontario's recent reforms. Discover the maximum hours of work, overtime pay, and exemptions in Ontario as of September 21, 2019.

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Hours of Work and Wages Regulation in Canada

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  1. Hours of Work and Wages Regulation in Canada IAKL Conference 2019, Seoul, Korea Victor J.H. Kim McCarthy Tetrault LLP

  2. Canada, Eh? • 1 Federal Government • Exclusive jurisdiction over certain industries: • E.g. Bank, Air/Marine/Rail Transportation, Telecommunication, TV/Radio Broadcasting • Canada Labour Code • 10% of total Canadian Workforce

  3. Canada, Eh? • 14 Provincial Governments • Jurisdiction over all remaining industries • 90% of total Canadian Workforce • Each Province has its own employment standards legislation • E.g. Employment Standards Act (Ontario), Saskatchewan Employment Act, Labour Standards Code (Nova Scotia)

  4. Patchwork of Legislation Different employment standards apply depending on the industries and geographical location. Each employment standards legislation differ from each other.

  5. Employment Standards in Constant Flux Three-Party Political System • Left: Liberal Party & New Democratic Party • Right: Conservative Party Every time government changes, employment standards change.

  6. Case Study: OntarioEmployment Standards Act (2017 – 2019) Liberal Majority  Election  Conservative Majority Liberal Reforms (2017): • Minimum wage increase ($11.40  $14.00) • Equal pay for equal work for temporary workers • 3-hr minimum pay for being on-call • Rights to refuse overtime work • Shift cancellation payment Conservative Rewinds (2019): • Equal pay for equal work for temporary workers • 3-hr minimum pay for being on-call • Rights to refuse overtime work • Shift cancellation payment

  7. Canadian Caveats • Many different employment standards legislation • Employment standards legislation are constantly changing

  8. Hours of Work & Wages Regulation in Ontario (as of September 21, 2019) • Hours of Work: • Maximum number of hours employee can be required to work is 8hrs/day or 48hrs/week • Employee’s written consent is required for exceeding daily/weekly maximums • Hours Free from Work: • Employee must receive at least 11 consecutive hours off work each 24-hr period • Employee must receive at least 24 consecutive hours off work each work week

  9. Hours of Work & Wages Regulation in Ontario (as of September 21, 2019) • Overtime Pay: • Overtime pay begins after 44 hours in a work week • Any hours worked after 44 must be paid at the overtime pay rate (x 1.5) • Hours of Work / Overtime Pay Exemptions: • Professional exemptions: lawyers, accountants, engineers, IT professionals, architects etc. • Managers/Supervisors: courts will look beyond titles

  10. Questions Contact Information: Victor J.H. Kim McCarthy Tétrault LLP vkim@mccarthy.ca or 416-601-8405

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