|►||Landscape Gardner Staff Designation for Golf Courses: Official Policy Details|
|►||MoE’s NEW Online Pesticide Licensing Coming This Fall|
|►||MPAC’s RfR Deadline Fast Approaching|
|►||Employment Standards Poster|
|►||NGCOA Canada Reacts to Bill 148 - Fair Workplace Employment - Sept. 6, 2017|
|►||Dramatic Changes to Minimum Wage in Ontario|
|►||MOL Summer Inspection Blitz|
|►||Resources to help you create workplace harassment & violence policies & programs|
|►||Does your dress code pass the Ontario Human Rights Commission Code of Conduct?|
|►||Don't get caught by government inspectors: resources on changes & new legislation|
|►||IPM Accreditation Program: updated policies & procedures|
|►||IPM Desk Reviews due January 31, 2017|
|►||Workplace Violence and Workplace Harassment Policy [Bill 132]|
|►||Key Issues Facing the Golf Industry|
The question of who qualifies as a Landscape Gardner at a golf course came up repeatedly at recent Spring Warm-up events. Since that meeting, we have conducted additional research and worked with the MoL to get the official policy for this designation. Please see below for a copy of the policy and details on exemptions that the landscape gardner designation qualifies for that are different than those for other course staff.
4(2) Sections 17 and 19 of the Act do not apply to a person employed,
(a) as a landscape gardener;
Persons employed as landscape gardeners are exempt from the daily and weekly limits on hours of work in s. 17 of the Act. They are also exempt from the provisions in s. 19, which describe a limited set of circumstances in which an employer can require an employee to work hours in excess of those set out in s. 17. Note that employees in this category are not exempt from the application of s. 18 of the Act, but because they are exempt from the application of s. 19, an employer could not require such an employee to work during a rest period to which the employee was entitled under s. 18, despite the existence of exceptional circumstances such as those described in s. 19.
Note that these employees are also exempted from the overtime pay and public holiday provisions of the Act.
Prior to 2001, the corresponding exemption under the regulations of the former Employment Standards Act referred to "a person employed in landscape gardening".
The 2001 change in wording from "a person employed in landscape gardening" to "a person employed as a landscape gardener" was not intended to narrow the scope of the provision. The Ministry's policy regarding the application of the landscape gardening exemption has remained consistent despite the change in wording.
The Program's view is that a person employed as a landscape gardener is engaged in work that directly involves the modification or maintenance of land for a purpose that is substantially aesthetic (as contrasted with utilitarian). Generally, the exemption will apply to employees engaged in:
The Program considers employees engaged in the following activities to fall outside the definition of "a person employed as a landscape gardener":
Employees in many landscaping businesses multi-task; performing a variety of duties, some of which fall within the exemption for "a person employed as a landscape gardener" and some that do not.
Section 22(9) of the Act provides that an employee who performs some work that is subject to the 44 hour overtime threshold, and some work that is exempt from the overtime provisions will be entitled to overtime pay after working 44 hours in a week, unless the employee spends the majority of his or her time in that week engaged in activities that are exempt from overtime. See ESA Part VIII, s. 22(9) for a more detailed discussion.
Consequently, an employee who performs work that is covered by the landscape gardener exemption will be exempt from overtime pay for a particular week only if the landscape gardening work represents more than 50% of the time the employee spent working that week.
John spent 75% of his work week caring for established lawns while the other 25% of his time was spent installing sprinkler systems. The overtime exemption would apply to John because he spent more than 50% of his time in that work week doing "landscape gardener" work. John is therefore not entitled to overtime pay in respect of that week.
Section 25(2) of the Act provides that unless the majority of time spent in any week in which a public holiday falls is work that is exempt under the regulations, the public holiday provisions will apply with respect to that particular public holiday. See ESA Part X, s. 25(2) for a more detailed discussion.
Consequently, an employee who performs work that is covered by the landscape gardener exemption will be exempt from the public holiday provisions for a particular public holiday only if the landscape gardening work represents more than 50% of the time the employee spent working during the week with that public holiday.
During the work week in which Labour Day fell, Afet spent 75% of her time caring for established lawns while the other 25% of her time was spent installing sprinkler systems. The public holiday exemption would apply to Afet with respect to Labour Day because she spent more than 50% of her time in that work week doing "landscape gardener" work. Therefore, the public holiday entitlements with respect to Labour Day do not apply to Afet.
The ESA 2000 does not specify the period of time to be considered when determining whether the Hours of Work provisions (daily, weekly maximums) apply to employees who do both landscape gardening work and "non" landscape gardening work. It is Program policy to consider whether the core, or essential nature of the employee's work is landscape gardening. This may involve application of the majoritarian test; however the period under consideration would generally be considered to be the full period of employment with the employer, provided there has not been a permanent change in the core or essential nature of the employee's job. For example, if an employee has been engaged in a mix of landscape gardening and "non" landscape gardening activities over the five year course of his or her employment, consideration would be given to where the employee spent the majority of his or her time over those five years.
Where the core, or essential nature of an employee's job changes, work performed prior to a permanent change in the nature of the employee's job will not be relevant when making a determination as to whether or not the employee is currently a person employed as a landscape gardener or not.
If an employee spent five years employed in the office of a landscaping company performing administrative duties and subsequently accepted a permanent position with that company planting trees and hedges in residential gardens, he or she would be considered to be a person employed as a landscape gardener immediately upon commencing his or her new position because there was a permanent change to the core nature of his or her job. As a result, the hours of work exemptions would apply immediately.
On November 14, 2017, legislative amendments to the Pesticides Act and the Environmental Protection Act to enable online service delivery of the pesticides licensing program received Royal Assent as part of the government's Cutting Unnecessary Red Tape Act, 2017.
The new online portal is scheduled to go live on Sept 4th, 2018.
For more information, please click here to view the recent MoE presentation from Feb 27, 2018.
The NGCOA Canada Property Tax Committee continues to work closely with MPAC in making sure your assessments have been accurate and fair. This is a great working relationship and in the interest of your protection and with the impact of the new Ontario minimum wage legislation “Bill 148” which came into effect on Jan 1st 2018; we suggest filing a Request for Reconsideration (RFR) so that if there is a change in the current agreement your property will qualify for an adjustment for 2018.
Below is a copy of the 2018 Request for Reconsideration (RfR) form for non-residential properties and the Golf Course Methodology Guide for property owners to review as part of the reconsideration process.
MPAC’s web site (www.MPAC.ca) has all of the information a property owner requires should they want to become more informed about their individual property. You will need your assessment roll number for access to their individual property information.
The Legislated deadline for filing RfR’s is March 30, 2018.
The following letter from Premier Wynne was received in response to NGCOA Canada's letter sent August 18, 2017 expressing concern and requesting changes to Bill 148. To view a copy of the response received from Premier Wynne, please click on the button below.
Bill 148, Fair Workplaces, Better Jobs Act, 2017 has been a hot topic in our industry as well as with small businesses throughout Ontario.
Some of the key points in the bill that the NGCOA Canada has focused on are:
NGCOA Canada Sends Letter to Premier Wynne
Your Association is working hard on your behalf on this issue. See below for an update on what the NGCOA Canada has done in response to this critical issue.
Letter to Premier Wynne
NGCOA Canada sent a letter to Premier Wynne on August 18, 2017 expressing its concern and requesting changes to Bill 148. A copy of the Fair Workplace Employment position statement developed by the NGCOA Canada in support of our members accompanied the letter to Premier Wynne. Click on the buttons below to view the letter and the Position Statement.
Members of NGCOA Canada and our Ontario Chapter Advisory Boards presented at 3 of the 10 hearings: July 12 in Ottawa, July 18 in Kitchener-Waterloo, and July 19 in Niagara. Click on the button below to view a transcript of the Ottawa presentation.
Letter Submission to Standing Committee of Finance & Economic Affairs
In addition to open hearings, the Ontario government requested organizations to submit a written letter outlining their concerns. Please click on the button below to view the NGCOA Canada submission.
Meeting with MPP Ted Arnott
Your Association continues to work on your behalf in response to Bill 148: Fair Workplace Employment. On August 30th, Shawn Hunter, Regional Director of NGCOA Canada - Southwestern Ontario joined Cory Janzen, Superintendent Westmount G & CC and Sally Ross, Manager OGSA in meeting with MPP Ted Arnott (Critic, Environment and Climate Change and Critic,Labour) to discuss potential changes in pesticide usage reporting and the minimum wage increase and how changes to legislation on these issues impact the golf industry.
The feature article in the fall issue of Golf Business Canada magazine provides an overview on the impact of the minimum wage increase to the golf industry. Click on the button below to read the article.
Under the banner “Fair Workplaces, Better Jobs”, Premier Kathleen Wynne has announced the Ontario government is taking historic action to create more opportunity and security for workers. This includes hiking the minimum wage to $15/hr, ensuring part-time workers are paid the same hourly wage as full-time workers, introducing paid sick days for every worker and stepping up enforcement of employment laws.
|Minimum Wage Categories||Current to Sept. 30, 2017||Oct. 1, 2017 to Dec. 31, 2017||Jan. 1, 2018 to Dec 31, 2018||Jan 1 2019 to Sept. 30, 2019|
|General Minimum Wage||$11.40 / hour||$11.60 / hr||$14.00 / hr||$15.00 / hr|
Students under 18 who work not more than 28
hours per week when school is in session; or
work during a school break or summer holidays
|$10.70 / hour||$10.90 / hr||$13.15 / hr||$14.10 / hr|
|Liquor Servers||$9.90 / hour||$10.10 / hr||$12.20 / hr||$13.05 / hr|
The Ontario government is also moving forward with a landmark package of measures, including:
The government will also propose measures to expand family leaves and make certain that employees are not misclassified as independent contractors, ensuring they get the benefits they deserve. To enforce these changes, the province will hire up to 175 more employment standards officers and launch a program to educate both employees and small and medium-sized businesses about their rights and obligations under the Employment Standards Act.
For the official announcement from Ontario government, please click here.
For detailed background information, click here.
The Ministry of Labour will once again be visiting many golf courses in the Eastern Ontario region over the next couple months. In addition to the expected interest for these inspections of general compliance with Ontario’s Employment Standards Act (2000) , with a major focus on Young and Temporary Foreign Worker Safety at your facility; inspectors will focus on employment standards such as:
Everyone should be able to work in a safe and healthy workplace. The Occupational Health and Safety Act sets out roles and responsibilities of workplace parties with respect to workplace violence and workplace harassment including developing and implementing policies and programs and providing information and instruction on these.
The table below provides some key links to online resources to help you create policies and programs that need to be in place at your facility:
|Understanding the Law - Workplace Harassment & Violence||INFO|
|Preventing Workplace Violence & Harassment||INFO|
|Workplace Harassment: Investigation by the Employer||INFO|
|Investigation Template for Incidents or Complaints||INFO|
|Sample Workplace Harassment Policy (simply copy and insert your club name)||DOWNLOAD|
|Sample Workplace Harassment Program (simply copy and insert your club name)||DOWNLOAD|
|Sample Workplace Violence Policy (simply copy and insert your club name)||DOWNLOAD|
|Sample Workplace Violence Program (simply copy and insert your club name)||DOWNLOAD|
|Toolbox and Electronic Assessment Tool for Workplace Violence Assessment||DOWNLOAD|
Recently, some Ontario restaurants have come under fire for their sexist and discriminating dress code requirements specifically for female servers. As you know, employers can have dress codes but only if they do not violate the Ontario Human Rights Code. Employers need to review their dress codes and remove discriminatory requirements otherwise they make themselves vulnerable to human rights complaints. Click on the button below for more information taken directly from the Ontario Human Rights Commission.
With the start of a new golf season in the province comes the possibility of surprise inspections from various government agencies. Ensure a well-prepared staff by reviewing the resources below on changes to Accessible Customer Service Standard, key information from the Alcohol and Gaming Commission of Ontario, tools to prepare for Ministry of Labour site inspections and occupational health & safety training.
Accessible Customer Service Standard changes now in effect.
Key information (and printable Tip Sheets) for liquor licensees and their staff from the Alcohol and Gaming Commission of Ontario.
Guide for Liquor Sales Licensed Establishment from the Alcohol and Gaming Commission of Ontario.
Ministry of Labour Occupational Health & Safety Training and Awareness.
Tools to help you prepare for Ministry of Labour site inspections.
An updated policies & procedures document for the IPM Golf Accreditation Program has now been posted on the IPM Council of Canada’s home page.
This updated document contains the following changes:
You can also visit www.ontarioipm.com for more information on the Integrated Pest Management Accreditation Program.
IPM Desk Reviews from the 2016 season are due January 31 2017. Any Desk Reviews submitted after that time is subject to a late fee, and no desk reviews will be accepted after May 31st 2017.
What happens if I do not submit?
Not submitting a desk review will result in a golf course being demoted from level 2 accreditation to level 1 accreditation or from level 1 accreditation to registered level. Please note that Level 2 Accreditation is what is required by the Ontario Ministry of the Environment and Climate Change to legally use Class 9 pesticides.
Please be aware the submission of desk reviews is the responsibility of the registered golf course; and although most courses leave the reporting to their IPM Certified Agent, it is the course owner’s responsibility to make sure the desk review is submitted. More information is available here.
National / Ontario
Advocacy is an integral part of your Association’s dedication to provide our members with the business support necessary to develop initiatives and programs within an effective networking environment to enable you to operate more efficient and profitable golf facilities.
Renewing your NGCOA Canada membership is the single most cost efficient and effective way to ensure a healthy, viable golf industry.
Click here to view the current list of National Advocacy Issues.
Click here to view Ontario's Advocacy Issues.
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