Hon. Charles Daley,
Minister of Labour.

J. B. Metzler,
Deputy Minister.
Ontario Coat of Arms Regulation 295
of
Consolidated Regulations
of Ontario, 1950
As Amended By O.Reg. 114/51,
O.Reg. 49/53, O.Reg. 4/55
and O.Reg. 130/60.

Minimum Wage Orders

Female

Orders Made by The Industry and Labour Board
Under The Minimum Wage Act

(Effective July 1st, 1960)

Interpretation

  1. In these orders,
    1. “inexperienced employee” means an employee who has worked less than 6 months in the class of employment for which she is hired by an employer; and
    2. “part-time employer” means an employee whose employment on a daily or weekly basis is for periods less than the normal daily or weekly work period established by custom of her employer.

Application

  1. These orders shall apply to female employees except,
    1. apprentices under The Apprenticeship Act;
    2. employees of a telephone company owning or operating a telephone system, switchboard or exchange serving fewer than 300 subscribers; and
    3. any employee who is qualified in a profession, trade, or calling, under (i) The Architects Act, or (ii) The Barristers Act, or (iii) The Certified Public Accountants Act, being Chapter 236 of the Revised Statutes of Ontario, 1937, or (iv) The Charted Accountants Act, being Chapter 235 of the Revised Statues of Ontario, 1937, or (v) The Chartered Shorthand Reporters Act, being Chapter 234 of the Revised Statutes of Ontario, 1937, or (vi) The Dental Technicians Act, or (vii) The Dentistry Act, or (viii) The Drugless Practitioners Act, or (ix) The Land Surveyors Act, or (x) The Medical Act, or (xi) The Nurses Registration Act, 1951, or (xii) The Nursing Act, 1951, or (xiii) The Optometry Act, or (xiv) The Pharmacy Act, or (xv) The Professional Engineers Act, or (xvi) The Public Accountancy Act, or (xvii) The Solicitors Act, or (xviii) The Teaching Profession Act, or (xix) The Veterinary Science Practice Act, and who is engaged in the practice of his profession, trade, or calling, or to any enrolled student, or articled apprentice, under any of those Acts.

Designation of Zones

  1. The following are designated as zones within the Province in which these orders are applicable:
    Zone 1—comprising,
    1. the City of Toronto, the towns of Leaside, Mimico, New Toronto and Weston, the villages of Forest Hill, Long Branch and Swansea and the townships of East York, Etobicoke, North York, Scarborough and York;
    2. the City of Hamilton, the Town of Dundas and Burlington Beach;
    3. the City of Windsor, the towns of La Salle, Ojibway, Riverside and Tecumseh, the Village of St. Clair Beach and that part of the Township of Sandwich East known as Remington Park lying within a line drawn as follows: commencing at the intersection of the centre line of Howard Avenue with the southerly limit of the right-of-way of the Canadian Pacific Railway, thence easterly along the southerly limit to its intersection by the northerly limit of Grand Boulevard, thence south-westerly along the northerly limit to its intersection with the centre line of Howard Avenue, thence northerly along the centre line to the point of commencement;
    4. the City of Ottawa, the Town of Eastview, and the Village of Rockcliffe Park; and
    5. the City of London;
    Zone 2—comprising,
    1. every local municipality; and
    2. every school section under The Public Schools Act within unorganized townships or unsurveyed territory, having a population of not less than 3,000 as determined by the last preceding census taken under the authority of the Parliament of Canada and not included in Zone 1; and
    Zone 3—comprising,
    1. every local municipality; and
    2. every school section under The Public Schools Act within unorganized townships or unsurveyed territory, having a population of less than 3,000 as determined by the last preceding census taken under the authority of the Parliament of Canada and not included in Zone 1.

Minimum Weekly Wages

  1. The minimum weekly wages established for the zones designated by order 3 shall be the rates set opposite the classes of employees within the respective zones as follows:
    Zone 1— Zone 2— Zone 3—
    1. inexperienced employees:
    1. inexperienced employees:
    1. inexperienced employees:
    first 3 months:
    $26.00
    first 3 months:
    $24.00
    first 3 months:
    $22.00
    second 3 months:
    $28.00
    second 3 months:
    $26.00
    second 3 months:
    $24.00
    1. experienced employees:
    $30.00
    1. experienced employees:
    $28.00
    1. experienced employees:
    $26.00
    1. The weekly work period for which the minimum weekly wages established by order 4 are paid shall be for a week of not more than 48 hours of for the normal number of hours established by custom by an employer.
    2. Where a full-time employee works less than the normal working-day or working-week established by custom by her employer she shall be paid not less than the proportion of her weekly wages for the number of hours or days worked.

Overtime

  1. All time worked by an employee in excess of the normal weekly work period established by custom by her employer shall be considered as overtime and shall be paid for at least on a proportionate basis determined by the minimum weekly wages in the zone where she works in relation to the normal weekly work period.

Part-Time

  1. Where a part-time employee works less than 4 hours a day she shall be paid a minimum of 4 hours' wages to be determined either by the proportion of the minimum weekly wages established for the zone where she is working in relation to the normal weekly work period established by custom by her employer or by not less than one-twelfth of the minimum weekly wages whichever is the greater amount.
  2. Part-time employees or employees engaged as cleaners, elevator operators, or workers in theatres, places of amusement, hotels, clubs, restaurants or in any place where meals are served to the public shall no be considered as inexperienced employees for the purpose of determining their minimum rate of wages.

Piece-Work

    1. During the first 3 months of her employment an inexperienced employee employed on a piece-work basis shall receive each week not less than the amount she would be entitled to be paid under these orders if she were working on a time-work basis.
    2. Subject to the provisions of sub-order 1, if an employer pays piece-work rates to employees on a any job, or in any group or unit of employees established by the employer, he shall be deemed to have complied with these orders,
      1. where he is operating a seasonal industry for the canning, packing or evaporating or fruit and vegetables, if at least 60 per cent of the female employees on the job, or in the group or unit earn at least the minimum weekly wages for an experienced employee in the zone in which he carries on business; or
      2. where he is operating any other industry, if at least 80 per cent of the female employees on the job, or in the group or unit earn at least the minimum weekly wages for an experienced employee in the zone in which he carries on business.

Maximum Number of Inexperienced Workers

  1. Subject to clause (a) of sub-order 2 of order 9 the total number of female employees who may be classed as inexperienced by an employer shall be limited to 20 per cent of his total number of female employees but where fewer than 5 female employees are employed the number of female employees who may be classed as inexperience by an employer shall not exceed one.

Office Worker and Hairdresser

  1. Where
    1. an office worker
      1. holds a Secondary School Graduation Diploma of the commercial course, or
      2. has completed a course of instruction in business and office practice provided by a trade school registered under The Trade Schools Regulation Act, and
    2. a hairdresser holds a certificate of apprenticeship issued under The Apprenticeship Act,
    she shall be entitled to receive the minimum weekly wages for an experienced employee from the commencement of her employment.

Permissible Wage Deductions

    1. Where an employee is hired on the basis of receiving meals, or room, or both as part of her weekly wages, the maximum amount at which the items may be valued for the purposes of these orders shall be the amounts set opposite the items in the respective zones as follows:
      Zones 1 and 2—
      1. room-rent: $4.00 a week,
      2. meals: $8.00 a week,
      3. single meals: $0.40 a meal,
      4. room rent and meals: $12.00 a week,
      and Zone 3—
      1. room-rent: $3.00 a week,
      2. meals: $7.00 a week,
      3. single meals: $0.35 a meal,
      4. room rent and meals: $10.00 a week.
    2. An employee shall not be charged for more than one meal in each 3 hours worked.
    3. Charges for meals or room shall not be deducted from the earnings of an employee unless she has actually received the meals and has occupied the room supplied to her.
  1. No deduction shall be made from the minimum weekly wages for the purchase, use, laundering or cleaning of uniforms, aprons, caps, or similar articles of apparel.
  2. Where an employee is required to remain on the employer's premises and is not working she shall be paid for all time thus spent.

Qualification

  1. These orders shall be subject to The Hours of Work and Vacations with Pay Act.
The Industry and Labour Board:
E. Billington, Chairman.
E. G. Gibb, Member.
J. F. Nutland, Member.

Note

The Minimum Wage Act provides as follows: (R.S.O. 1950, Chapter 135)

Section 8.—Every employer who discharges or threatens to discharge or in any way discriminates against an employee who

  1. has testified or is about to testify in any proceeding or investigation had or taken under this Act; or
  2. has given any information to the Board regarding the wage payable to such employee or his fellow-workers in any plant; or
  3. has initiated or taken part in any proceeding had or taken for the purpose of assisting the Board to establish a minimum wage,

shall be guilty of an offence and on summary conviction shall be liable to a penalty of not less than $50.

Section 9.—Every employer affected by an order which established minimum wages or maximum hours of labour shall post and keep posted a copy thereof in a conspicuous place where his employees are engaged in their duties.

Section 10.—Every employer shall keep complete, continuous and accurate records setting forth the names, addresses, rates or wages, hours worked, actually earnings of each employee and the age of each employee under eighteen years and such records shall be available at all reasonable times for inspection and examination by any member of the Board any by any inspector of the Department of Labour and every employer shall supply such information and make such returns from time to time as the Board may require, and every employer who fails to keep such records and supply such information and make such returns shall be guilty of an offence.

See also Sections 11, 12 and 13, for Penalties for violation of these Orders and of the Act.