Employment Standards Act, 2000, S.O. 2000, c. 41
PART V
PAYMENT OF WAGES Payment of wages
11. (1) An employer shall establish a recurring pay period and a recurring pay day and shall pay all wages earned during each pay period, other than accruing vacation pay, no later than the pay day for that period. 2000, c. 41, s. 11 (1).
Manner of payment
(2) An employer shall pay an employee’s wages,
(a) by cash;
(b) by cheque payable only to the employee; or
(c) in accordance with subsection (4). 2000, c. 41, s. 11 (2).
Place of payment by cash or cheque
(3) If payment is made by cash or cheque, the employer shall ensure that the cash or cheque is given to the employee at his or her workplace or at some other place agreeable to the employee. 2000, c. 41, s. 11 (3).
Direct deposit
(4) An employer may pay an employee’s wages by direct deposit into an account of a financial institution if,
(a) the account is in the employee’s name;
(b) no person other than the employee or a person authorized by the employee has access to the account; and
(c) unless the employee agrees otherwise, an office or facility of the financial institution is located within a reasonable distance from the location where the employee usually works. 2000, c. 41, s. 11 (4).
If employment ends
(5) If an employee’s employment ends, the employer shall pay any wages to which the employee is entitled to the employee not later than the later of,
(a) seven days after the employment ends; and
(b) the day that would have been the employee’s next pay day. 2000, c. 41, s. 11 (5).
Statement re wages
12. (1) On or before an employee’s pay day, the employer shall give to the employee a written statement setting out,
(a) the pay period for which the wages are being paid;
(b) the wage rate, if there is one;
(c) the gross amount of wages and, unless the information is provided to the employee in some other manner, how that amount was calculated;
(d) Repealed: 2002, c. 18, Sched. J, s. 3 (3).
(e) the amount and purpose of each deduction from wages;
(f) any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and
(g) the net amount of wages being paid to the employee. 2001, c. 9, Sched. I, s. 1 (2); 2002, c. 18, Sched. J, s. 3 (3).
(2) Repealed: 2002, c. 18, Sched. J, s. 3 (4).
Electronic copies
(3) The statement may be provided to the employee by electronic mail rather than in writing if the employee has access to a means of making a paper copy of the statement. 2000, c. 41, s. 12 (3).
Statement re wages on termination
12.1 On or before the day on which the employer is required to pay wages under subsection 11 (5), the employer shall provide the employee with a written statement setting out,
(a) the gross amount of any termination pay or severance pay being paid to the employee;
(b) the gross amount of any vacation pay being paid to the employee;
(c) unless the information is provided to the employee in some other manner, how the amounts referred to in clauses (a) and (b) were calculated;
(d) the pay period for which any wages other than wages described in clauses (a) or (b) are being paid;
(e) the wage rate, if there is one;
(f) the gross amount of any wages referred to in clause (d) and, unless the information is provided to the employee in some other manner, how that amount was calculated;
(g) the amount and purpose of each deduction from wages;
(h) any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23 (2); and
(i) the net amount of wages being paid to the employee. 2002, c. 18, Sched. J, s. 3 (5).
Deductions, etc.
13. (1) An employer shall not withhold wages payable to an employee, make a deduction from an employee’s wages or cause the employee to return his or her wages to the employer unless authorized to do so under this section. 2000, c. 41, s. 13 (1).
Statute or court order
(2) An employer may withhold or make a deduction from an employee’s wages or cause the employee to return them if a statute of Ontario or Canada or a court order authorizes it. 2000, c. 41, s. 13 (2).
Employee authorization
(3) An employer may withhold or make a deduction from an employee’s wages or cause the employee to return them with the employee’s written authorization. 2000, c. 41, s. 13 (3).
Exception
(4) Subsections (2) and (3) do not apply if the statute, order or written authorization from the employee requires the employer to remit the withheld or deducted wages to a third person and the employer fails to do so. 2000, c. 41, s. 13 (4).
Same
(5) Subsection (3) does not apply if,
(a) the employee’s authorization does not refer to a specific amount or provide a formula from which a specific amount may be calculated;
(b) the employee’s wages were withheld, deducted or required to be returned,
(i) because of faulty work,
(ii) because the employer had a cash shortage, lost property or had property stolen and a person other than the employee had access to the cash or property, or
(iii) under any prescribed conditions; or
(c) the employee’s wages were required to be returned and those wages were the subject of an order under this Act. 2000, c. 41, s. 13 (5).
Priority of claims
14. (1) Despite any other Act, wages shall have priority over and be paid before the claims and rights of all other unsecured creditors of an employer, to the extent of $10,000 per employee. 2000, c. 41, s. 14 (1).
Exception
(2) Subsection (1) does not apply with respect to a distribution made under the
Bankruptcy and Insolvency Act (Canada) or other legislation enacted by the Parliament of Canada respecting bankruptcy or insolvency. 2001, c. 9, Sched. I, s. 1 (3).