Bill 210, Fairness for Residential Superintendents, Janitors and Caretakers Act, 2020

EXPLANATORY NOTE

The Bill amends the Employment Standards Act, 2000 to provide that a person who is employed as the superintendent, janitor or caretaker of a residential building and resides in the building is entitled to the minimum wage under Part IX of the Act. The Bill specifies that the regulations cannot provide that persons so employed are disentitled to the minimum wage. The Bill also provides that room and board for those persons shall not be considered part of their wage.

Bill 210 2020

An Act to amend the Employment Standards Act, 2000 with respect to the minimum wage for residential superintendents, janitors and caretakers

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

1 The Employment Standards Act, 2000 is amended by adding the following section:

Residential superintendents, janitors, caretakers

23.2  (1)  A person who is employed as the superintendent, janitor or caretaker of a residential building and resides in the building is entitled to be paid at least the minimum wage.

Room or board not part of wage

(2)  Subsection 23 (2) does not apply to a person who is employed as the superintendent, janitor or caretaker of a residential building and resides in the building.

Limitation re prescribed class

(3)  Superintendents, janitors or caretakers of residential buildings may not be prescribed,

(a)  under paragraph 2.0.1 of subsection 141 (1) as a class of employees for the purpose of subsection 23.1 (2); or

(b)  under paragraph 3 of subsection 141 (1) as a class of employees to which this Act, this Part or any provision of this Part does not apply.

2 (1)  Paragraph 2.0.1 of subsection 141 (1) of the Act is amended by adding “Subject to clause 23.2 (3) (a)” at the beginning.

(2)  Paragraph 3 of subsection 141 (1) of the Act is amended by adding “Subject to clause 23.2 (3) (b)” at the beginning.

Commencement

3 This Act comes into force on the day it receives Royal Assent.

Short title

4 The short title of this Act is the Fairness for Residential Superintendents, Janitors and Caretakers Act, 2020.