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Consultation on Employment Standards Act Exemptions and Labour Relations Act Exclusion

Ontario is seeking submissions from stakeholders and the public on certain exemptions or special rules under the Employment Standards Act (ESA). Submissions are also being sought on the exclusion of domestic workers from the Labour Relations Act (LRA).

This public consultation forms part of the Ministry of Labour’s broader review of ESA exemptions and special rules and LRA exclusions. The review will be done in phases.

Occupational groups with ESA exemptions and special rules under review in Phase I and that are the subject of the consultation are outlined in the chart below.

Public consultation on the Phase I ESA exemptions and special rules and LRA exclusion of domestic workers will continue until December 1, 2017.

Phase I of the ESA Exemptions Review

Employment Standards Act Exemptions and Special Rules [1]

Architects:

  • Minimum Wage
  • Hours of Work
  • Daily Rest Periods
  • Time Off Between Shifts
  • Weekly/Bi-Weekly Rest Periods
  • Eating Periods
  • Overtime
  • Public Holidays
  • Vacation With Pay
  • Personal Emergency Leave

Domestic Workers:

Note: This phase of the consultation will also review the exclusion of domestic workers under the LRA

  • Minimum Wage

Homemakers:

  • Minimum Wage
  • Hours of Work
  • Daily Rest Periods
  • Time Off Between Shifts
  • Weekly/Bi-Weekly Rest Periods
  • Eating Periods

IT Professionals:

  • Hours of Work
  • Daily Rest Periods
  • Time Off Between Shifts
  • Weekly/Bi-Weekly Rest Periods
  • Eating Periods
  • Overtime

Managerial and Supervisory Employees:

  • Hours of Work
  • Daily Rest Periods
  • Time Off Between Shifts
  • Weekly/Bi-Weekly Rest Periods
  • Overtime

Pharmacists:

  • Minimum Wage
  • Hours of Work
  • Daily Rest Periods
  • Time Off Between Shifts
  • Weekly/Bi-Weekly Rest Periods
  • Eating Periods
  • Overtime
  • Public Holidays
  • Vacation With Pay
  • Personal Emergency Leave

Residential Building Superintendents, Janitors and Caretakers:

  • Minimum Wage
  • Hours of Work
  • Daily Rest Periods
  • Time Off Between Shifts
  • Weekly/Bi-Weekly Rest Periods
  • Overtime
  • Public Holidays

Residential Care Workers:

  • Minimum Wage
  • Hours of Work
  • Daily Rest Periods
  • Time Off Between Shifts
  • Weekly/Bi-Weekly Rest Periods
  • Eating Periods
  • Overtime

[1]A special rule changes how a provision of the ESA applies to a specific occupation or industry. An exemption means that a provision of the ESA does not apply to that occupation or industry.

Information on ESA standards can be found in the Guide to the ESA available on the Ministry of Labour’s Website.

Participating in the Ministry of Labour’s Review Process

The Ministry of Labour is consulting directly with the regulatory bodies for pharmacists and architects as part of its review of the ESA exemptions that apply to these occupations. The regulatory bodies will be conducting their own consultations with their members and the public and will report their feedback to the Ministry. Those interested in participating in the regulatory bodies’ consultations should visit the links below on the Regulatory Registry website:

To facilitate the consultation process for the other occupational groups included in Phase I of the review, the Ministry of Labour has prepared ESA Exemptions Toolkits. To obtain more information about these occupational groups and how to participate in the consultation process, visit the links below on the Regulatory Registry website:

An LRA Exclusions Toolkit has also been prepared for domestic workers with respect to their exclusion from the LRA. For more information about this occupational group and how to participate in the consultation process, visit the link below on the Regulatory Registry website:

Written Submissions

E-mail: Exemptions.Review@ontario.ca