Bill 165, Fair Minimum Wage Act, 2014

Bill 165 2014

An Act to amend the Employment Standards Act, 2000 with respect to the minimum wage

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  (1)  Subsection 23 (1) of the Employment Standards Act, 2000 is amended by striking out "prescribed".

   (2)  Subsection 23 (4) of the Act is amended by striking out "prescribed" in the portion before clause (a).

   (3)  Clause 23 (4) (a) of the Act is amended by striking out "prescribed".

   (4)  Clause 23 (4) (b) of the Act is amended by striking out "prescribed".

   2.  Part IX of the Act is amended by adding the following section:

Determination of minimum wage

   23.1  (1)  The minimum wage is the following:

    1.  Until September 30, 2015, the amount that is the prescribed minimum wage for the following classes of employees:

            i.  Employees who are students 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.

           ii.  Employees who, as a regular part of their employment, serve liquor directly to customers, guests, members or patrons in premises for which a licence or permit has been issued under the Liquor Licence Act.

          iii.  Hunting and fishing guides.

          iv.  Employees who are homeworkers.

           v.  Any other employees not listed in subparagraphs i to iv.

    2.  From October 1, 2015 onwards, the amount determined under subsection (4).

Exception

   (2)  Subsection (1) does not apply to a class of employees that would otherwise be in the class described in subparagraph 1 v of subsection (1) that has been prescribed and for whom a minimum wage has been prescribed, in which case the prescribed minimum wage for that class is the minimum wage.

Same

   (3)  If a class of employees and a minimum wage for the class are prescribed under subsection (2), subsections (4) to (6) apply as if the class and the minimum wage were a class and a minimum wage under subsection (1). 

Annual adjustment

   (4)  On October 1 of every year starting in 2015, the minimum wage that applied to a class of employees immediately before October 1 shall be adjusted as follows:

Previous wage × (Index A/Index B) = Adjusted wage

in which,

         "Previous wage" is the minimum wage that applied immediately before October 1 of the year,

         "Index A" is the Consumer Price Index for the previous calendar year,

         "Index B" is the Consumer Price Index for the calendar year immediately preceding the calendar year mentioned in the description of "Index A", and

         "Adjusted wage" is the new minimum wage.

Rounding

   (5)  If the adjustment required by subsection (4) would result in an amount that is not a multiple of 5 cents, the amount shall be rounded up or down to the nearest amount that is a multiple of 5 cents.

Exception where decrease

   (6)  If the adjustment otherwise required by subsection (4) would result in a decrease in the minimum wage, no adjustment shall be made.

Publication of minimum wage

   (7)  The Minister shall, not later than April 1 of every year after 2014, publish on a website of the Government of Ontario the minimum wages that are to apply starting on October 1 of that year.

Same

   (8)  If a prescribed minimum wage described in paragraph 1 of subsection (1) changes after the Minister has published the minimum wages that are to apply starting on October 1, 2015, the Minister shall promptly publish the new wage that will apply starting on October 1, 2015 as a result of the change.

Same

   (9)  If, after the Minister publishes the minimum wages that are to apply starting on October 1 of a year, a minimum wage is prescribed under subsection (2) for a prescribed class of employees, the Minister shall promptly publish the new wage that will apply to that class starting on October 1 of the applicable year as a result of the wage having been prescribed.

Review

   (10)  Before October 1, 2020, and every five years thereafter, the Minister shall cause a review of the minimum wage and the process for adjusting the minimum wage to be commenced.

Same

   (11)  The Minister may specify a date by which a review under subsection (10) must be completed.

Definition

   (12)  In this section,

"Consumer Price Index" means the Consumer Price Index for Ontario (all items) published by Statistics Canada under the Statistics Act (Canada).

   3.  Paragraph 2 of subsection 141 (1) of the Act is repealed and the following substituted:

    2.  Establishing rules respecting the application of the minimum wage provisions of this Act and the regulations. 

2.0.1   Prescribing a class of employees that would otherwise be in the class described in subparagraph 1 v of subsection 23.1 (1) and prescribing the minimum wage that applies to the class for the purposes of subsection 23.1 (2).

2.0.2   Requiring an employer to pay at least the amount prescribed where an employee who regularly works more than three hours a day is required to present himself or herself for work on a day on which he or she works fewer than three hours.

Commencement

   4.  (1)  Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

   (2)  Section 3 comes into force on October 1, 2015. 

Short title

   5.  The short title of this Act is the Fair Minimum Wage Act, 2014.

EXPLANATORY NOTE

Currently, the minimum wage is set out in a regulation made under the Employment Standards Act, 2000. The Bill amends the Act to provide that, each year, the minimum wage is adjusted in accordance with the new subsection 23.1 (3). Related amendments are made.