Section 39Part 5 — GRATUITIES
Rate of gratuity to be displayed
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A service employer who intends to charge a gratuity shall display, in a conspicuous place, a notice indicating the rate of gratuity to be charged and a statement that the gratuity charged is not obligatory, and any employer who fails to display such notice or displays such notice in a place that is not conspicuous is guilty of an offence and liable on conviction to a fine of ten thousand dollars.
It is sufficient compliance with subsection (1) if the rate of gratuity and the statement of its non-obligatory nature is shown on a menu or other document that would normally be read by customers.
When gratuity is charged, the rate charged and the fact that it is not obligatory shall be indicated on the bill and an employer who fails to so indicate is guilty of an offence and liable on conviction to a fine of ten thousand dollars.
Defined Terms
service employergratuityconspicuous place