Employment standards act

Ontario calls its statute the Employment Standards Act, 2000, Alberta’s is the Employment Standards Code, and British Columbia’s is the Employment Standards Act. Ontario’s guide says it describes the rules about minimum wage, hours of work limits, termination of employment, public holidays, pregnancy and parental leave, severance pay and vacation. It adds that a contract or another Act that gives an employee a greater right or benefit applies instead of the minimum. The question is employment standards legislation the same in every province compares them.

Which statute applies

Ontario’s Act applies where the employee’s work is to be performed in Ontario, or is performed in and outside Ontario as a continuation of work performed in Ontario (s.3), subject to exceptions in that section. Ontario’s guide says employers in sectors under federal jurisdiction, such as airlines and banks, are not covered. Employment and Social Development Canada lists the industries the Canada Labour Code regulates.

• Confirm where each employee works and whether the employer is federally regulated
• Ask whether any contract or policy gives staff more than the statutory minimum
• Find the sale-of-business section in the governing statute, such as Ontario s.9 or British Columbia s.97