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: Ontario Employment 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)
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 or