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HomeMy WebLinkAboutThe Exeter Times-Advocate, 1967-07-06, Page 2ONTARIO Page 2 Trnes-Mvgpato, July 6, 1907 COULD THIS ACT OF THE ONTARIO LEGISLATURE EFFECT YOU This advertisement is a reprint of excerpts from the Industrial Standards Act. It is not meant to interpret the act, but rather to put forth questions about the act which might be asked by the public in their own interpretation. Read on. (3) Every employee who contra- venes a provision of a schedule is guilty of an offence and on summary conviction is liable to a fine of not less than $25 and not more than $100 and, in default of payment, to imprisonment for a term of not more than ten days. (4) No prosecution shall be in- stituted under this Act without the consent of the Director, and the production of a consent pur- porting to be signed by the Di- rector is admissible in evidence as prima facie proof of his con- sent. 1964, c. 46, s. 9 (part). * EVEN IF YOU WORK FOR YOURSELF, WHAT DO YOU AS AN EMPLOYER HAVE TO DO? * IF THE ACT WERE TO BE ENFORCED IN YOUR AREA WHAT POWERS WOULD THE ' OFFICERS HAVE? THE INDUSTRIAL STANDARDS ACT whom shall be designated as chairman, and the committee may hear complaints of employers and employees to whom such schedule applies and may gener- ally assist in carrying out this Act and the regulations and have jur- isdiction and authority to do any- thing that it is authorized to do by such schedule, notwithstanding that one or more members are employers or employees in the industry or zone to which the schedule applies, and shall be deemed to be a corporation for the purpose of collecting any money that it is authorized to collect or paying any money that it is authorized to pay, (2) Three members of an advisory committee constitute a quorum whether or not a vacancy exists in the membership of the com- mittee. (3) The expenses of the members of an advisory committee proper- ly incurred in carrying out their duties may be paid out of the moneys appropriated therefor by the Legislature. Revised Statutes of Ontario, 1960 CHAPTER 156 as amended by 1964, CHAPTER 46 * AND IF YOU ARE NEITHER AN EMPLOYEE OR AN EMPLOYER, AND YOU DISOBEY THIS LAW, CAN THEY PROSECUTE? DEPARTMENT OF LABOUR to a fine of not less than $100 and not more than $1,000 and, in default of payment, to im- prisonment for a term of not more than six months, and, where the conviction is for failing to pay the minimum rate of wages prescribed by the schedule, shall be ordered to pay to the Director, as an additional penalty, the full amount of the wages found to be unpaid to any employee under the schedule, and the Director, in his discretion, may direct that the whole or a part of such wages be either forfeited to the Crown or paid to the employee or em- ployees entitled thereto. (2) A copy of an order for pay- ment of wages made under sub- section 1 that has become final, certified as a true copy by the magistrate who made it, may be filed by the Director with the clerk of the county or district court of a county or district in which the employer carries on business or, where the amount ordered to be paid does not ex- ceed $400, with the clerk of a like division court, and, when so filed and upon payment of the fees of the clerk of the court, such order becomes an order of the court in which it is filed and may be enforced as a judgment of the court against the employer for the amount mentioned in the order and the fees so paid. TORONTO Printed and Published by Frank Fogg, Queen's Printer 3, Every officer has such pow- ers and duties as are prescribed by this Act and the regulations and has authority to conduct in- quiries and investigations re- specting all matters coming with- in the scope of this Act and of the regulations and; for such pur- poses, has all the powers, rights and privileges that may be con- ferred on a commissioner ap- pointed under The Public In- quiries Act. R.S.O. 1960, c. 186, s. 3. 4. A Director of Labour Stand- ards shall be appointed for the purposes of this Act, and the Minister may designate an of- ficer of the Department of Labour as Administrator of Industrial Standards who may perform the duties and exercise the powers of the Director under his direc- tion. 1964, c. 46, s. 2 (part). 15. Every person who contra- venes any of the provisions of this Act or the regulations is guilty of an offence and on summary conviction, where no penalty has been specifically provided, is liable, for a first offence, to a fine of not less than $50 and not more than $200 and, in de- fault of payment, to imprison- ment for a term of not more than thirty days, and, for any sub- sequent offence, to a fine of not less than $100 and not more than $1,000 and, in default of pay- ment, to imprisonment for a term of not more than six months. 1964, c. 46, s. 9 (part). * AND IF YOU AS AN EMPLOYEE DISOBEY THIS LAW..? * DOES THIS MEAN THAT IF THE ADVISORY COMMITTEE WENT TO TORONTO ON BUSINESS THAT THEY COULD LEAVE AN ANSWERING SERVICE TO DECIDE IF YOU COULD WORK FOR TWO HOURS ON SATURDAY? 1. In this Act, (a) e•Director" means the Di- rector of Labour Standards: (d) "industry" includes a busi- ness, calling, trade, undertaking and work of any nature whatso- ever and any branch thereof and any combination thereof that the Minister designates; (e) "Minister" means the Minist- er of Labour or such member of the Executive Council as is for the time being charged with the administration of the ACt; (f) "officer" means an industrial standards officer appointed under this Act: (g) "wages" includes anyform of remuneration for labOur per- formed and, without restricting the generality of the foregoing, includes payment at an hourly, daily, weekly or monthly rate or at a piece-work or unit-price rate on an incentive or production basis. R.S.O, 1960, c, 186, s. 1; 1964, C. 46, s. 1, (4) Where a schedule authorizes an advisory committee to issue permits for overtime work, the permits may be issued by such person or persons as the com- mittee designates. (5) An employer or employee ag- grieved by a decision of an ad- visory committee has a right Of appeal from the decision to the Director, and the Director has jurisdiction to heat and deter- mine the appeal and his decision is final, R.S.O. 1964, c. 46, s. 8. 11 - (1) An employer to whom a schedule applies shall make and keep, or cause to be made and kept, for a period of at least twelve months after work is per- forMed by an employee, a record of the name, address, wage rate, vacations with pay or payment in lieu of vacations, hours work- ed and actual earnings of the employee and such other infor- mation as the regulations re- quire, (2) The employer shall, (a) produce the record for in- spection by any person authoriz- ed by the Director, and shall for this purpose provide access to his premises for such person at all reasonable times and at any time his employees are engaged in their work; and (b) furnish such informationfrom the record at such time and place as the Director requires. (3) No employer is required to furnish information under clause b of subsection 2 unless the Di- rector sends a notice to the em- ployer requiring him to furnish the information within the time specified in the notice, and the information furnished shall be verified by a statutory declara- tion made by the employer or, where the employer is a cor- poration, by an officer thereof. (4) Any person who inspects a record under subsection 2 may take extracts from or make copies of any entry in the record. (5) An employer shall not make, keep or furnish, or cause to be made, kept or furnished, false or misleading entries on any records that he is required to make, keep or furnish by this Act or the regulations and shall not supply or cause to be sup- plied false or misleading in- formation to the Director or any person acting under his authority. 1964, c. 46, s. '7 (part). 12. The Lieutenant Governor in Council may make such regula- tions as he deems necessary for carrying out this Act and for its efficient administration. R.S.O. 1960, c. 186, s. 12. (b) establish the maximum num- ber of hours comprising the regu- lar working week; (c) establish the minimum rates of wages for the regular work- ing periods; (d) establish the particular days in the week for the performance of labour in the industry; (e) establish the rates of wages and the periods for, and the con- ditions governing, overtime work; (ea) establish vacations with pay or payment in lieu thereof and payment for any day that may be designated as a holiday in the schedule; (f) classify the employees and employers and separately pro- vide for each classification with respect to any of the matters that may be dealt with in the schedule; (g) define any term used in the schedule; (h) specify the particular opera- tions that are included in the in- dustry and prescribe the condi- tions under which the operations are included; (i) prohibit overtime work with- out a permit and authorize the advisory committee to issue the permits subject.to the terms and conditions of the schedule; (j) fix the minimum charge that is to be paid, accepted or con- tracted for with respect to the labour content of any service, work, operation or art and, with the approval of the Director, fix the minimum charge that an em- ployer or employee is to contract for or accept for any service, work, operation or art; (k) authorize the advisory com- mittee to fix a minimum rate of wages lower than the rate fixed by the schedule for any classific- ation of employees or for any in- dividual who performs work in- cluded in more than one classific- ation of employees, or whose work is only partly subject to the schedule, or who is handi- capped; (1) subject to the approval of the Director and with respect only to an interprovincially competitive industry, assess employers only or employers and employees in any such industry to provide revenue for the enforcement of the schedule, and authorize the advisory committee generally to administer and enforce the sche- dule, and to collect the assess- ments, and out of the revenue collected to engage inspectors and other personnel and to make such expenditures as are neces- sary for such administration and enforcement. R.S.O. 1960, c. 186, S. '7 (1); 1964, c. 46, s. 5 (part). * IF THE ACT WERE TO PASS IN LONDON COULD IT BE EXPANDED AT A LATER DATE TO INCLUDE THIS AREA? 4a - (1) The Minister may desig- nate the whole of Ontario, or any part or parts thereof, as a zone Or zones for an industry for the purposes of this Act and may en- large, reduce or divide any desig- nated zone. * COULD YOUR TRADESMAN BE CONSIDERED AN EMPLOYEE AND YOU AN EMPLOYER? * WHAT IF YOU ARE SELF EMPLOYED? (b) employee" means a person who is in receipt of or entitled to wages; (e) "employer" includes a per- son who by himself or his agent or representative is directly or indirectly responsible for the payment of wages to a person who conies within the provisions of a schedule promulgated as hereinafter provided; * DOES THIS MEAN THAT A COMPETITOR OF YOURS MAY SIT ON THE COMMITTEE AND DECIDE IF YOU MAY WORK OVER-TIME? * IF YOU'RE AN EMPLOYER AND YOU DISOBEY THIS LAW WHAT PENALTY CAN YOU EXPECT TO PAY? * HOW MANY OFFICERS COULD BE APPOINTED IN YOUR TOWN? * WHAT COULD THIS LAW DO TO EFFECT THE EMPLOYER IN REGARDS TO TOTAL OUTPUT AND THE EMPLOYEE IN REGARDS TO EARNINGS? 2. The Lieutenant Governor in Council may appoint one or more persons as industrial standards officers whose duty it is to assist in carrying out this Act and the regulations and schedules. R.S.0, 1960, c, 186, s, 2, * COULD YOU BE CONSIDERED AN INDUSTRY? 13 - (1) Por every zone or group of zones to which a schedule ap- plies, the Minister tnay establish an advisory committee of not more than five members, one of Note: If this page has indicated to you that this proposed law is in any way, unjust or con- trary to the accepted democratic system of government which boosts free enterprise and fair competition, then write your member of parliament. (It would be most appreciated if a duplicate copy of your letter were sent to Box 4292, Postal Station C, London.) *Areas of this advertisement marked as shown are insertions by the spon- sors, and are in no way part of the industrial Standards Act. This page is a paid advertisement and in no way is it an indication of the opinion of the Exeter Times- Advocate, its publisher, or staff. This advertisement is published in the pub- lic interest by the Chairman of Public Re- lations INDEPENDENT PLUMBING, HEATING AND PIPEFITTING CONTRACTORS of The London Zone 7 - (1) A schedule may, (a) establish the maximum runt ben of hours comprising' he regu- lar working day and presulbe the hours of the day during which such hours of work are to be performed; 14.-(1) Every employer who contravenes a schedule that it ap4- plitable to him or who permits at condones work in contravention thereof is guilty of an offence and on summary conviction Is liable, for a first offence, i0a fine of riot less than $50 and not more than $200 and, in default of pay- ment, to imprisonment for a term of not more than two months, and, for any subsequent offence, 10. For the purposes of this Act every person who is in any way engaged in an industry shall, in So far as he personally performs work in the industry, be deemed an employee and, in so far as he employs another person or is the proprietor of a shop or business either alone or in 'partnership with another person, be deemed an employer, and this Act and the regulations and Schedules shall, mutatis Muta.ndis, be read and construed accordingly, not., withstanding that he may thereby become both an employer and an employee or May become an em- ployer for one purpose and an employee for another purpose, or that his status may be changed from time to time. 1060; c; 1136, s. to, ti