The Employment Standards Act: Exemptions for Live-In Superintendents
Pursuant to the regulations under the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”), employees who work as superintendents of residential buildings and live in those buildings are not entitled to:
- Minimum wage
- The “three-hour rule”
- Daily or weekly limits on hours of work
- Daily rest periods
- Time off between shifts
- Weekly/bi-weekly rest periods
- Overtime Pay
- Public holidays or public holiday pay
Residential Tenancies Act: Special Rules for Evicting Superintendents.
The Ontario Residential Tenancies Act, 2006, S.O. 2006, c. 17 (“RTA”), also has special rules that apply to “superintendent’s premises” (i.e. “super suites”). Namely, the RTA provides that, unless otherwise agreed, the tenancy agreement with respect to a superintendent’s premises terminates on the day that the employment of superintendent is terminated.
The superintendent must vacate the superintendent’s premises within one (1) week after their tenancy is terminated. The Condominium is not permitted to charge the superintendent rent during this one-week period (s. 93). If the superintendent does not vacate the rental unit within one (1) week of the termination of employment, the Condominium may apply to the Landlord Tenant Board (“LTB”) for an order terminating the tenancy of the superintendent’s premises and evicting the superintendent (s. 94). Self-help evictions (i.e. changing the locks etc.) are not available against former superintendents.
The one (1) week to vacate the super suite is a short period of time and the former superintendent may ask the Condominium to delay the eviction beyond the seven (7) day period. Condominium Boards have discretion to extend the timeline for vacating the super suite pursuant to s. 83 of the RTA which is the general discretion section of the Act. Whether this discretion ought to be exercised depends on the circumstances of each case.
The shock of the one (1) week eviction notice period can be reduced if the superintendent is provided advance notice of this procedure at the time of hiring in a written employment contract. The many benefits of a clear written employment contract are discussed in Part 3 of this blog series.
Main Takeaways for Condominium Employers
- The ESA Superintendents who live in the building where they work are exempt from several employment standards.
- The RTA provides that once fired from their job, superintendents have one (1) week to vacate the super suite and do not have to pay rent for that week.
Written by Marni Outerbridge
The content of this article is intended to provide a general guide to the subject matter and is not legal advice. Specialist advice should be sought regarding your specific circumstance.