Tips and Other Gratuities
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Current legal reference synchronized from Ontario e-Laws. Open a Learning Centre walkthrough if you need the steps and form numbers. The statute text below is the legal wording.
Who this affects. Employees and employers dealing with wages, hours, leave or termination pay.
Guides on this site.
- How to file an Employment Standards claim in Ontario
- What termination pay means in Ontario
- How to report a workplace injury in Ontario
- Hours of work and overtime in Ontario
Government text current to 2026-10-29.
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Public legal information, not legal advice. For advice, contact a lawyer or licensed paralegal who works in this area.
O. Reg. 125/16: TIPS AND OTHER GRATUITIES, Under: Employment Standards Act, 2000, S.O. 2000, c. 41
Employment Standards Act, 2000
TIPS AND OTHER GRATUITIES
Consolidation Period: From January 1, 2018 to the e-Laws currency date.
Last amendment: 525/17.
Legislative History: 525/17.
This is the English version of a bilingual regulation.
Credit card charges
1. For the purposes of clause (f) of the definition of “tip or other gratuity” in subsection 1 (1) of the Act, a tip or other gratuity does not include the portion of a service charge or similar charge imposed by a credit card company on an employer for processing a credit card payment made to the employer by a customer, as determined in accordance with the following:
1. Multiply the total amount of the tip or other gratuity by the greater of,
i. the per cent charged by the credit card company for processing the payment, and
ii. 1.5 per cent. O. Reg. 125/16, s. 1; O. Reg. 525/17, s. 1.
2. Omitted (provides for coming into force of provisions of this Regulation).