Minimum Wage for Resident Caretakers - Regulation Part 4, Section 17

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section explains the minimum wage that must be paid to resident caretakers which is based on the number of suites in the apartment building.

Text of Legislation

17. The minimum wage for a resident caretaker is,

(a) for an apartment building containing 9 to 60 residential suites, $937.82 a month plus $37.58 for each suite, and

(b) for an apartment building containing 61 or more residential suites, $3,194.43.

Policy Interpretation

Section 16 of the Employment Standards Act requires that employees must be paid at least the minimum wage as set out in the regulations. This section of the Regulation sets out a monthly minimum wage which applies specifically to resident caretakers. The current minimum wage is in effect as of June 1, 2022.

In order to be a resident caretaker under the Act, an employee must meet the criteria set out in the definition of “resident caretaker” in s.1 of this Regulation. Specifically:

They must live in the apartment building. (This means the apartment building is the usual and normal residence of the person.)
The apartment building must contain at least 9 suites (including the resident caretaker’s suite).
They must be employed as a custodian, janitor or manager of the apartment building.

Exclusions to certain sections of Part 4 of the Act (Hours of work and overtime)

Section 35 of this Regulation provides that, with the exception of sections 36 and 39, the hours of work and overtime provisions of the Act do not apply to resident caretakers.

The sections that do apply under Part 4 of the Act are:

Section 36 - Hours free from work; and
Section 39 - No excessive hours

A resident caretaker is entitled to all other provisions of the Act, including statutory holidays and annual vacation.

Calculating minimum wage for a “resident caretaker”

A resident caretaker is entitled to be paid an amount that is at least equal to the minimum wage established in accordance with this section, based on the number of residential suites in the apartment building, up to a maximum of 60, as follows:

Base rate as set out in this section; plus
The amount set out for each suite (including the resident manager suite).

If the apartment building contains more than 60 suites, there are no calculations required. The minimum wage for a resident caretaker is the flat rate set out in subsection (b) above.

Example

A resident caretaker resides in an apartment building containing 42 suites, including their own suite. They are entitled to the following monthly minimum wage:

$937.82 + (42 x $37.58) = $2,516.18

There can be more than one resident caretaker in an apartment complex. If an employer has a caretaker who does not live in the building and is paid by the hour, the wage rate must be no less than the regular minimum wage set out in s.15 of the Regulation.

Example

The owner of a large apartment complex employs both a resident caretaker and a relief caretaker who fills in on weekends and vacations. The resident caretaker is paid a salary pursuant to s.17 of the Regulation, while the relief caretaker is paid an hourly rate of not less than the minimum wage set out in s.15 of the Regulation.

Rent deducted from pay only with written authorization

Section 20 of the Employment Standards Act prohibits the payment of wages in the form of rent. An employer must pay wages in a manner consistent with s.20; however, an employee may authorize a deduction from wages under s.22(4) of the Act to permit the employer to deduct rent from wages.

Example

The payment of $1,600.00 a month to a resident caretaker, for a 15-suite apartment building, less a written authorized deduction of $950.00 a month for rent, complies with the Act.

The payment of $650.00 a month in earnings, plus a credit of $950.00 in the form of forgiven rent, for a total of $1,600.00 a month, does not comply with the Act.

Refer to “resident caretaker” in section 1 of the Regulation for information on what is considered “an apartment building” and the work responsibilities normally associated with a “resident caretaker”.