PART III — Standard Hours, Wages, Vacations and Holidays
The Minister may,
for any of the purposes of this Part, cause an inquiry to be made into and concerning employment in any industrial establishment; and
appoint one or more persons to hold the inquiry.
Powers on an inquiry
(2)A person appointed pursuant to subsection (1) has all of the powers of a person appointed as a commissioner under Part I of the Inquiries Act.
R.S., c. L-1, s. 62
Sign in to join the discussion — free, just validates your email.
Subject to any terms and conditions specified by the Minister, the Head may delegate to any qualified person or class of persons any of the powers the Head is authorized to exercise or any of the duties or functions the Head is authorized to perform for the purposes of this Part. The Head may make the delegation subject to any terms and conditions that the Head considers appropriate.
Certificate to be produced
(1.1)The Head shall furnish to every person to whom powers, duties or functions are delegated under subsection (1) a certificate of authority and, when entering any place used in connection with a federal work, undertaking or business the person, shall, when requested, show the certificate to the person in charge of that place.
Powers of Head
(2)For the purposes of this Part and the regulations, the Head may
inspect and examine all books, payrolls and other records of an employer that relate to the wages, hours of work or conditions of employment affecting any employee;
take extracts from or make copies of any entry in the books, payrolls and other records mentioned in paragraph (a);
require any employer to make or furnish full and correct statements, either orally or in writing, in such form as may be required, respecting the wages paid to all or any of his employees, and the hours of work and conditions of their employment;
require any employer that provides benefits to its employees under a long-term disability plan that must be insured in accordance with subsection 239.2(1) to furnish proof that the plan is insured in accordance with that subsection;
require an employee to make full disclosure, production and delivery to the Head of all records, documents, statements, writings, books, papers, extracts therefrom or copies thereof or of other information, either orally or in writing, that are in the possession or under the control of the employee and that in any way relate to the wages, hours of work or conditions of his employment; and
require any party to a complaint made under subsection 240(1) to make or furnish full and correct statements, either orally or in writing, in such form as may be required, respecting the circumstances of the dismissal in respect of which the complaint was made.
Right to enter premises
(3)The Head may, at any reasonable time, enter on any place used in connection with a federal work, undertaking or business for the purpose of making an inspection authorized under subsection (2), and may, for that purpose, question any employee apart from his employer.
Reasonable assistance
(4)The person in charge of any federal work, undertaking or business and every person employed in it or in connection with its operation shall give the Head all reasonable assistance to enable the Head to carry out the Head’s duties and functions under this Part or the regulations.
Head accompanied
(5)The Head may, in carrying out the Head’s duties and functions, be accompanied or assisted by any persons that the Head considers necessary.
Evidence precluded — Head
(6)The Head shall not be required to give testimony in any civil suit or civil proceedings, or in any proceeding under section 242, with regard to information obtained in carrying out those duties and functions.
Evidence precluded — other persons
(7)No person to whom powers, duties or functions have been delegated under subsection (1), and no person who has accompanied or assisted such a person or the Head in carrying out their duties and functions, shall be required to give testimony in any civil suit or civil proceedings, or in any proceeding under section 242, with regard to information obtained in carrying out those duties and functions or in accompanying or assisting the person, except with the written permission of the Head.
Not liable
(8)Neither the Head nor a person to whom powers, duties or functions have been delegated under subsection (1) is personally liable for anything done or omitted to be done by them in good faith under the authority or purported authority of this Part.
R.S., 1985, c. L-2, s. 249; 1993, c. 42, s. 35; 2012, c. 19, s. 435; 2018, c. 27, s. 587
Sign in to join the discussion — free, just validates your email.
The Head may administer all oaths and take and receive all affidavits and statutory declarations required with respect to the Head’s powers set out in subsection 249(2) and certify to the administration, taking or receiving of them.
R.S., 1985, c. L-2, s. 250; 2018, c. 27, s. 588
Sign in to join the discussion — free, just validates your email.
If the Head finds that an employer has failed to pay an employee any wages or other amounts to which the employee is entitled under this Part, the Head may determine the difference between the wages or other amounts actually paid to the employee under this Part and the wages or other amounts to which the employee is entitled under this Part.
For greater certainty
(1.1)For greater certainty, the Head may, when exercising the powers referred to in subsection (1), make any finding necessary to determine whether an employee is entitled to any wages or other amounts under this Part, including a finding that the employee was dismissed for just cause for the purposes of Division X or XI.
Evidence
(1.2)If the employer fails to make or keep any record in respect of an employee that the employer is required to make or keep under this Part — or fails to allow the Head to examine, take extracts from or make copies of such a record — the Head may, when exercising the powers referred to in subsection (1), rely on any other available evidence.
Where amount of underpayment agreed to
(2)If, under subsection (1), the Head determines that there is a difference between the wages or other amounts actually paid to an employee and the wages or other amounts to which the employee is entitled and the amount of that difference is agreed to in writing by the employee and his or her employer, the employer must, within five days after the date of the agreement, pay the amount
to the employee on the direction of the Head; or
to the Head.
Where amount paid to Head
(3)If an employer pays the amount under subsection (2) to the Head, the Head must, without delay after receiving it, pay it over to the employee who is entitled to the amount.
Minister’s consent required for prosecution
(4)No prosecution for failure to pay an employee the wages or other amounts to which the employee was entitled under this Part shall, without the written consent of the Minister, be instituted against the employer when the employer has made payment of any amount of difference in wages or other amounts in accordance with subsection (2).
R.S., 1985, c. L-2, s. 251; 1993, c. 42, s. 36; 2017, c. 20, s. 357; 2018, c. 27, s. 507; 2018, c. 27, s. 589
Sign in to join the discussion — free, just validates your email.
Subject to the regulations, the Head may, in writing, for the purpose of verifying compliance or preventing non-compliance with this Part, order an employer to, in accordance with the order,
conduct an internal audit of its practices and books, payrolls and other records to determine whether the employer is in compliance with any provision of this Part or the regulations; and
provide a report of the results of the audit to the Head.
Contents of order
(2)The Head shall, in the internal audit order, specify
any industrial establishment and class of employees to which it applies;
the period of time to be covered by the internal audit;
the provisions of this Part or the regulations with respect to which the internal audit was ordered;
the date by which the employer is to provide the report; and
the form of the report.
Information to include in report
(3)The Head may also specify in the order that the report is to contain any information that the Head considers appropriate.
Service
(4)Service of the order or of a copy of it shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order or its copy shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.
Proof of service
(5)A certificate purporting to be signed by the Head certifying that a document referred to in subsection (4) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.
Report — non-compliance
(6)If the employer determines that it had not complied with any provision referred to in the order, the employer shall set out in the report the nature of the employer’s non-compliance and the steps that have been or will be taken by the employer to comply with the provision.
Report — wages and other amounts
(7)If the employer determines that any wages or other amounts to which an employee is entitled under this Part are owed, the employer shall also state in the report the name of the employee, the amount owed for the period of time covered by the internal audit, the method used to determine the amount owed and any payment subsequently made to the employee with respect to that amount owed.
Inspection and complaint not precluded
(8)For greater certainty, nothing in this section precludes an inspection from being made, or a complaint from being dealt with, under this Part.
False information
(9)No employer shall make a false or misleading statement in a report.
2017, c. 20, s. 358; 2018, c. 27, s. 590
Sign in to join the discussion — free, just validates your email.
Any employee may make a complaint in writing to the Head if they believe that the employer has contravened
any provision of this Part or of the regulations made under this Part; or
any order.
Time for making complaint
(2)A complaint under subsection (1) shall be made within the following period
in the case of a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, six months from the last day on which the employer was required to pay those wages or other amounts under this Part; and
in the case of any other complaint, six months from the day on which the subject-matter of the complaint arose.
Extension of time
(3)The Head may, subject to the regulations, extend the period set out in subsection (2)
if the Head is satisfied that a complaint was made within that period to a government official who had no authority to deal with the complaint and that the person making the complaint believed the official had that authority;
in any circumstances prescribed by regulation; or
in the conditions prescribed by regulation.
Limitation
(3.1)An employee shall not make a complaint under subsection (1) if they have made a complaint that is based on substantially the same facts under any of subsections 240(1), 246.1(1) and 247.99(1), unless that complaint has been withdrawn.
Exception
(4)Despite subsection (3.1), the employee may file a complaint under subsection (1) if it relates only to the payment of their wages or other amounts to which they are entitled under this Part, including amounts referred to in subsections 230(1) and 235(1), but that complaint is suspended until the day on which the complaint made under subsection 240(1), 246.1(1) or 247.99(1), as the case may be, is withdrawn or resolved.
Limitation — section 177.1
(4.1)With respect to a request made under subsection 177.1(1), an employee may make a complaint under subsection (1) only on the grounds that the employer has refused the request on any ground other than those referred to in subparagraphs 177.1(3)(c)(i) to (v) or has failed to comply with any requirement set out in section 177.1(4).
For greater certainty
(5)For greater certainty, a complaint is not permitted under this section if it relates to a disagreement whose settlement is governed exclusively by a collective agreement under subsection 168(1.1).
2012, c. 31, s. 223; 2017, c. 33, s. 213; 2018, c. 27, s. 498; 2018, c. 27, s. 591
Sign in to join the discussion — free, just validates your email.
If the Head is satisfied that the employee must take measures before the Head may continue to deal with the complaint made under section 251.01, the Head may, at any time, suspend consideration of the complaint, in whole or in part.
Notice
(2)If the Head suspends consideration of a complaint, the Head must notify the employee in writing and specify in the notice
the measures that the employee must take; and
the period of time within which the employee must take those measures.
Extension of time
(3)The Head may, upon request, extend the time period specified in the notice.
End of suspension
(4)The suspension ends when, in the Head’s opinion, the measures specified in the notice have been taken.
2012, c. 31, s. 223; 2018, c. 27, s. 499; 2018, c. 27, s. 592
Sign in to join the discussion — free, just validates your email.
After receipt of a complaint, the Head may assist the parties to the complaint to settle the complaint.
2012, c. 31, s. 223; 2018, c. 27, s. 593
Sign in to join the discussion — free, just validates your email.
If an employer and an employee who has made a complaint relating to the non-payment of wages or other amounts to which they are entitled under this Part reach a settlement in writing on the wages or other amounts to be paid, the employer may pay those amounts to the employee or to the Head.
If amount paid to Head
(2)If an employer pays the amounts to the Head, the Head must, without delay after receiving them, pay them over to the employee who is entitled to the amounts.
Minister’s consent required for prosecution
(3)No prosecution for failure to pay an employee the wages or other amounts that were the subject of the complaint may be instituted against an employer, without the written consent of the Minister, if the employer has paid the amounts referred to in subsection (1) to the employee or the Head.
2012, c. 31, s. 223; 2018, c. 27, s. 593
Sign in to join the discussion — free, just validates your email.
The Head may reject a complaint made under section 251.01, in whole or in part,
if the Head is satisfied
that the complaint is not within their jurisdiction,
that the complaint is frivolous, vexatious or not made in good faith,
that the complaint has been settled in writing between the employer and the employee,
that there are other means available to the employee to resolve the subject-matter of the complaint that the Head considers should be pursued,
that the subject-matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator,
that in respect of a complaint other than a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, there is insufficient evidence to substantiate the complaint, or
that in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject-matter of the complaint and provides a third party dispute resolution process;
if consideration of the complaint was suspended under subsection 251.02(1) and if, in the Head’s opinion, the other measures specified in the notice under subsection 251.02(2) were not taken within the specified time period;
subject to the regulations, if an employee to whom notice is given under subsection (1.1) does not respond within the period set out in the notice.
Notice
(1.1)If the employee does not reply to a written communication from the Head within a period that the Head considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, have elapsed from the day on which the complaint was made, the Head may give written notice to the employee that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to indicate in writing that they wish to pursue their complaint.
Notice of rejection of complaint
(2)If a complaint has been rejected, the Head shall notify the employee in writing, with reasons.
Request for review
(3)The employee may, within 15 days after the day on which the employee is notified of the rejection, request in writing, with reasons, that the Head review the Head’s decision.
Review
(4)The Head may confirm the decision, or rescind it and re-examine the complaint.
Notice of Head’s decision
(5)The Head shall notify the employee in writing of the Head’s decision.
Reconsideration final
(6)The Head’s confirmation or rescission is final and conclusive and is not subject to appeal to or review by any court.
2012, c. 31, s. 223; 2017, c. 26, s. 16; 2018, c. 27, s. 500; 2018, c. 27, s. 594
Sign in to join the discussion — free, just validates your email.
If the Head is of the opinion that an employer is contravening or has contravened a provision of this Part, its regulations or any condition of a permit issued under subsection 176(1), the Head may issue a compliance order in writing requiring the employer to terminate the contravention within the time that the Head may specify and take any step, as specified by the Head and within the time that the Head may specify, to ensure that the contravention does not continue or reoccur.
Limitation
(2)The Head shall not issue a compliance order under subsection (1) to take any measure that could be set out in an order made under subsection 242(4) or section 246.4 or to make any payment that may be the subject of an order made under subsection 251.1(1).
Service of order
(3)Service of an order or of a copy of it shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order or its copy shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.
Proof of service
(4)A certificate purporting to be signed by the Head certifying that a document referred to in subsection (3) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.
2017, c. 20, s. 360; 2018, c. 27, s. 509; 2018, c. 27, s. 596
Sign in to join the discussion — free, just validates your email.
If the Head finds that an employer has not paid an employee wages or other amounts to which the employee is entitled under this Part, the Head may issue a written payment order to the employer, or, subject to section 251.18, to a director of a corporation referred to in that section, ordering the employer or director to pay the amount in question, and the Head shall send a copy of any such payment order to the employee at the employee’s latest known address.
Limitation
(1.1)A payment order must not relate to wages or other amounts to which the employee is entitled for the period preceding
in the case where the employee made a complaint under subsection 251.01(1) that was not rejected under subsection 251.05(1), the 24 months, plus any extension of the period for making the complaint that is granted by the Head under subsection 251.01(3), immediately before the day on which the complaint was made or, if there was a termination of employment prior to the complaint being made, the 24 months immediately before the date of termination;
in the case where the payment order was issued to the employer on the basis of, in whole or in part, a report provided under subsection 251.001(1), the 24 months immediately before the day on which the order to provide the report was served; and
in any other case, the 24 months immediately before the day on which an inspection under this Part, during the course of which the Head made the finding referred to in subsection (1), began.
[Repealed, 2017, c. 20, s. 361]
If complaint unfounded
(2)If the Head deals with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part, the Head must notify the employee in writing that their complaint is unfounded if the Head concludes that the employer has paid to the employee all wages and other amounts to which the employee is entitled under this Part for the period of six months, plus any extension of the period for making the complaint that is granted by the Head under subsection 251.01(3), immediately before the day on which the complaint was made.
Notice of voluntary compliance
(2.1)If the Head deals with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part, the Head shall notify the employee in writing that the employer has voluntarily paid to the employee all wages and other amounts owing if
the Head concludes that the employer has, since the complaint was made, paid to the employee all wages and other amounts owing for the period of 24 months, plus any extension of the period for making the complaint that is granted by the Head under subsection 251.01(3), immediately before the day on which the complaint was made and for any subsequent period specified by the Head; and
the Head has not issued a payment order or a notice of unfounded complaint with respect to the complaint.
Service of order or notice
(3)Service of a payment order or a copy of it, of a notice of unfounded complaint, or of a notice of voluntary compliance shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order, copy or notice shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.
Proof of service of documents
(4)A certificate purporting to be signed by the Head certifying that a document referred to in subsection (3) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.
1993, c. 42, s. 37; 2012, c. 31, s. 224; 2017, c. 20, s. 361; 2018, c. 27, s. 597
Sign in to join the discussion — free, just validates your email.
An employer to whom a compliance order has been issued or a person who is affected by a payment order, a notice of unfounded complaint or a notice of voluntary compliance may send a written request with reasons to the Head for a review of the Head’s decision
subject to paragraph (b), within 15 days after the day on which the order or a copy of the order or the notice is served; or
if a compliance order is served with a notice of violation issued under subsection 276(1) for the same contravention, within 30 days after the day on which they are served.
Payment of amount and administrative fee
(2)An employer or a director of a corporation is not permitted to request a review of a payment order unless the employer or director pays to the Head the amount indicated in the payment order and, in the case of an employer, the administrative fee specified in the payment order in accordance with subsection 251.131(1), subject to, in the case of a director, the maximum amount of the director’s liability under section 251.18.
Security
(2.1)The Head may allow an employer or a director of a corporation to give security, in a form satisfactory to the Head and on any conditions specified by the Head, for all or part of the amount and fee referred to in subsection (2).
Review
(3)On receipt of the request for review, the Head may, in writing,
confirm, rescind or vary, in whole or in part, the payment order or the compliance order; or
confirm the notice of unfounded complaint or the notice of voluntary compliance, or rescind the notice, in which case the Head shall re-examine the complaint.
Service of documents
(4)Service of a decision made under subsection (3) shall be by personal service, by registered mail or by any other means prescribed by regulation on any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance or, in the case of a compliance order, on the employer. If the decision is served by registered mail, it shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.
Proof of service
(5)A certificate purporting to be signed by the Head certifying that a decision referred to in subsection (4) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the decision and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the decision has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.
Review is final
(6)Subject to the right of appeal under section 251.11, the decision made under subsection (3) is final and conclusive and is not subject to appeal to or review by any court.
Request treated as an appeal
(7)The Head may, if the Head considers it appropriate in the circumstances, treat the request for review as an appeal of their decision, in which case the Head shall so inform any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance — or, in the case of a compliance order, the employer — and shall refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of section 251.12.
2012, c. 31, s. 225; 2017, c. 20, s. 363; 2018, c. 27, s. 599
Sign in to join the discussion — free, just validates your email.
Subject to subsection (1.1), a person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary compliance, may appeal the decision to the Board, in writing, within 15 days after the day on which the decision is served.
Exception — compliance order
(1.1)Only an employer to whom a compliance order has been issued may appeal a decision with respect to that order.
Scope of appeal
(1.2)Except in the case of a compliance order, the person may appeal the decision only on a question of law or jurisdiction.
Grounds of appeal
(2)The request for appeal shall contain a statement of the grounds of appeal.
Payment of amount and administrative fee
(3)An employer or director of a corporation is not permitted to appeal a decision confirming or varying a payment order unless the employer or director pays to the Head the amount indicated in the decision — and, in the case of an employer, the administrative fee specified in the decision in accordance with subsection 251.131(1) — less any amount and administrative fee paid under subsection 251.101(2).
Security
(3.1)The Head may allow an employer or a director of a corporation to give security, in a form satisfactory to the Head and on any conditions specified by the Head, for all or part of the amount and fee referred to in subsection (3).
Limitation
(4)In the case of a director, subsection (3) applies subject to the maximum amount of the director’s liability under section 251.18.
1993, c. 42, s. 37; 2012, c. 31, s. 225; 2017, c. 20, s. 364; 2018, c. 27, s. 600
Sign in to join the discussion — free, just validates your email.
The Board shall inform the Head in writing when an appeal is brought under subsection 251.11(1) and provide the Head with a copy of the request for appeal.
Documents provided to Board — decision
(2)In an appeal under this Part, the Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of making the decision being appealed.
Documents provided to Board — order or notice
(3)In an appeal under subsection 251.101(7), the Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of issuing the order or notice being appealed.
Documents provided to Head
(4)The Board shall, on request of the Head, provide to the Head a copy of any document that is filed with the Board in the appeal.
Power of Head
(5)The Head may, in an appeal under this Part, present evidence and make representations to the Board.
2017, c. 20, s. 365; 2018, c. 27, s. 601
Sign in to join the discussion — free, just validates your email.
The Board may, in an appeal under this Part, make any order that is necessary to give effect to its decision, including an order to
confirm, rescind or vary, in whole or in part, the decision being appealed;
direct payment to any specified person of any wages or other amounts held in trust by the Receiver General that relate to the appeal;
award costs in the proceedings; and
order a party, whose conduct in the proceedings has, in the Board’s opinion, unduly delayed the determination of the appeal, to pay to the Receiver General an amount that is equal to all or part of the expenses incurred in the proceedings by the Board.
Copies of decision to be sent
(2)The Board shall send a copy of the decision, with reasons, to each party to the appeal and to the Head.
Order final
(3)The order of the Board is final and shall not be questioned or reviewed in any court.
No review by certiorari, etc.
(4)No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this section.
Wages
(5)An employee who has been summoned by the Board to attend at an appeal proceeding under this Part and who attends is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.
Debt to Her Majesty
(6)The expenses to be paid in accordance with an order issued under paragraph (1)(d) constitute a debt due to Her Majesty in right of Canada and are recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act.
1993, c. 42, s. 37; 2012, c. 31, s. 226; 2017, c. 20, s. 365; 2018, c. 27, s. 602
Sign in to join the discussion — free, just validates your email.
The Head may issue a written order to a person who is or is about to become indebted to an employer to whom a payment order has been issued under subsection 251.1(1), to pay any amount owing to the employer, up to the amount and the administrative fee indicated in the payment order, directly to the Head within 15 days, in satisfaction of the payment order.
Order to debtor of director of corporation
(1.1)The Head may issue a written order to a person who is or is about to become indebted to a director of a corporation to whom a payment order has been issued under subsection 251.1(1) to pay any amount owing to the director of the corporation, up to the amount indicated in the payment order, directly to the Head within 15 days, in satisfaction of the payment order.
Banks, etc.
(2)For the purposes of this section, a bank or other financial institution that has money on deposit to the credit of an employer or a director of a corporation shall be deemed to be indebted to that employer or that director.
1993, c. 42, s. 37; 2017, c. 20, s. 366; 2018, c. 27, s. 603
Sign in to join the discussion — free, just validates your email.
A payment order made to an employer under subsection 251.1(1), and any decision made under subsection 251.101(3) or section 251.12 with respect to that payment order ordering the employer to pay wages or other amounts to an employee, shall specify the amount of the administrative fee — which is equal to the greater of $200 and 15% of the amounts indicated in the payment order or decision — that the employer is to pay.
Payment
(2)The employer is liable only for the administrative fee that is specified in a final decision and shall pay it — less any administrative fee paid under subsection 251.101(2) or 251.11(3) — to the Head. In the case of any overpayment, the employer is entitled to its reimbursement.
Debt to Her Majesty
(3)An administrative fee constitutes a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act, including under subsection 251.13(1) and section 251.15.
2017, c. 20, s. 366; 2018, c. 27, s. 604
Sign in to join the discussion — free, just validates your email.
The Head, after a final decision has been made in respect of which security was given,
may apply, in whole or in part, the security given under subsection 251.101(2.1) or 251.11(3.1) toward any amounts — and, if the security was given by an employer, any administrative fee — owing under the final decision by the employer or a director of a corporation who gave the security; and
shall return the security or, if it was applied under paragraph (a), any part that remains after the amounts and, in the case of an employer, the administrative fee have been paid.
2017, c. 20, s. 366; 2018, c. 27, s. 605
Sign in to join the discussion — free, just validates your email.
If the Head receives moneys under this Division, the Head shall deposit those moneys to the credit of the Receiver General in the account known as the “Labour Standards Suspense Account” or in any other special account created for the purposes of this section and may authorize payments out of that account to any employee or other person who is entitled to that money.
Consolidated Revenue Fund
(1.1)The moneys that are equal to the administrative fees paid to the Head under this Part with respect to matters that are the subject of a final decision shall be debited from the account referred to in subsection (1) and credited to the Consolidated Revenue Fund no later than the fiscal year following the fiscal year in which the final decision is made.
Record
(2)The Head shall maintain a detailed record of all transactions relating to the account.
1993, c. 42, s. 37; 2012, c. 31, s. 227; 2017, c. 20, s. 367; 2018, c. 27, s. 606
Sign in to join the discussion — free, just validates your email.
Any person who is affected by a payment order issued under subsection 251.1(1) or confirmed or varied under subsection 251.101(3) or by an order of the Board made under subsection 251.12(1), or the Head, may, after the day provided in the order for compliance or after 15 days following the day on which the order is issued, made, confirmed or varied, whichever is later, file in the Federal Court a copy of the payment order, or a copy of the order of the Board, exclusive of reasons.
Limitation
(1.1)However, a payment order is not to be filed while it is or may be the subject of a review under subsection 251.101(1) or an appeal under subsection 251.101(7) or section 251.11 or if an order of the Board is made under paragraph 251.12(1)(a) relating to the payment order.
Enforcement of orders to debtors
(2)After the expiration of the 15 day period specified in an order to a debtor of the employer or of the director of a corporation made under section 251.13, the Head may file a copy of the order in the Federal Court.
Registration of orders
(3)On the filing of a copy of an order in the Federal Court under subsection (1) or (2), the order shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the order were a judgment obtained in that Court.
1993, c. 42, s. 37; 2012, c. 31, s. 228; 2017, c. 20, s. 368; 2018, c. 27, s. 607
Sign in to join the discussion — free, just validates your email.
The Governor in Council may make regulations respecting the operation of sections 251.001, 251.1, 251.101 and 251.13 to 251.15.
1993, c. 42, s. 37; 2017, c. 20, s. 369; 2017, c. 20, s. 370
Sign in to join the discussion — free, just validates your email.
The Statutory Instruments Act does not apply in respect of internal audit orders, compliance orders, payment orders, notices of unfounded complaint, notices of voluntary compliance or orders to debtors.
1993, c. 42, s. 37; 2017, c. 20, s. 371; 2017, c. 20, s. 372; 2017, c. 20, s. 373
Sign in to join the discussion — free, just validates your email.
Directors of a corporation are jointly and severally liable for wages and other amounts to which an employee is entitled under this Part, to a maximum amount equivalent to six months’ wages, to the extent that
the entitlement arose during the particular director’s incumbency; and
recovery of the amount from the corporation is impossible or unlikely.
1993, c. 42, s. 37
Sign in to join the discussion — free, just validates your email.
For the purposes of section 251.18 and subsection 257(3), cooperatives shall be deemed to be corporations.
1993, c. 42, s. 37
Sign in to join the discussion — free, just validates your email.
Every employer shall furnish any information that the Head may require that relate to their employees, including their wages, their hours of work and their general holidays, annual vacations and conditions of work as well as any returns that the Head may require.
Records to be kept
(2)Every employer shall make and keep for a period of at least 36 months after work is performed the records required to be kept by regulations made under paragraph 264(1)(a) and those records shall be available at all reasonable times for examination by the Head.
Exception
(3)Subsections (1) and (2) do not apply in respect of hours worked by employees who are
excluded from the application of Division I under subsection 167(2); or
exempt from the application of sections 169 and 171 pursuant to regulations made under paragraph 175(1)(b).
R.S., 1985, c. L-2, s. 252; R.S., 1985, c. 9 (1st Supp.), s. 18; 1993, c. 42, s. 38; 2015, c. 36, s. 90; 2018, c. 27, s. 608
Sign in to join the discussion — free, just validates your email.
Where the Head is authorized to require a person to furnish information under this Part or the regulations, the Head may require the information to be furnished by a notice to that effect served by personal service, by registered mail addressed to the latest known address of the addressee, or by any other means prescribed by regulation, and that person
if the notice is sent by registered mail, is deemed to have received the notice on the seventh day after the day on which it was mailed; and
shall furnish the information within such reasonable time as is specified in the notice.
Proof of service
(2)A certificate purporting to be signed by the Head certifying that a notice was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the notice and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the notice has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.
Proof of failure to comply
(3)Where the Head is authorized to require a person to furnish information under this Part or the regulations, a certificate of the Head certifying that the information has not been furnished is admissible in evidence and in the absence of any evidence to the contrary is proof of the statements contained in it.
Proof of documents
(4)A certificate of the Head certifying that a document annexed to it is a document or a true copy of the document made by or on behalf of the Head shall be admitted in evidence and has the same force and effect as if it had been proven in the ordinary way.
Proof of authority
(5)A certificate under this section signed or purporting to be signed by the Head is admissible in evidence without proof of the Head’s appointment or signature.
Statutory Instruments Act
(6)The Statutory Instruments Act does not apply in respect of notices referred to in subsection (1).
R.S., 1985, c. L-2, s. 253; 1993, c. 42, s. 39; 2017, c. 20, s. 374; 2018, c. 27, s. 609
Sign in to join the discussion — free, just validates your email.
An employer must, within the first 30 days of an employee’s employment, provide the employee with a copy of any materials that the Head makes available and that contains information respecting employers’ and employees’ rights and obligations under this Part and, within 30 days after updated materials are made available, provide the employee with a copy of the updated materials.
Materials to be posted
(2)An employer must post and keep posted the most recent version of the materials referred to in subsection (1), in readily accessible places where it is likely to be seen by employees.
Termination
(3)If an employee’s employment is terminated by the employer, the employer must, not later than the last day of the employee’s employment, provide the employee with a copy of the most recent version of the materials referred to in subsection (1) that relate to terminations of employment.
2018, c. 27, s. 502; 2018, c. 27, s. 622
Sign in to join the discussion — free, just validates your email.
An employer must, within the first 30 days of an employee’s employment, provide the employee with a written statement containing information relating to their employment that is prescribed by regulation.
Updated information
(2)An employer must provide an employee with an updated employment statement within 30 days after any change is made to the information contained in the last statement that was provided to the employee.
Employer’s duties
(3)An employer must retain a copy of any employment statement provided under this section for 36 months after the employee’s employment with the employer ends and, on request, the employee must be provided with additional copies.
Regulations
(4)The Governor in Council may make regulations prescribing the information that must be included in a employment statement provided under this section.
2018, c. 27, s. 502
Sign in to join the discussion — free, just validates your email.
An employer shall, at the time of making any payment of wages to an employee, furnish the employee with a statement in writing setting out
the period for which the payment is made;
the number of hours for which the payment is made;
the rate of wages;
details of the deductions made from the wages; and
the actual sum being received by the employee.
Exemption
(2)The Minister may, by order, exempt any employer from any or all of the requirements of subsection (1).
R.S., c. L-1, s. 68
Sign in to join the discussion — free, just validates your email.
No employer shall make deductions from wages or other amounts due to an employee, except as permitted by or under this section.
Permitted deductions
(2)The permitted deductions are
those required by a federal or provincial Act or regulations made thereunder;
those authorized by a court order or a collective agreement or other document signed by a trade union on behalf of the employee;
amounts authorized in writing by the employee;
overpayments of wages by the employer; and
other amounts prescribed by regulation.
Damage or loss
(3)Notwithstanding paragraph (2)(c), no employer shall, pursuant to that paragraph, make a deduction in respect of damage to property, or loss of money or property, if any person other than the employee had access to the property or money in question.
Regulations
(4)The Governor in Council may make regulations prescribing:
deductions that an employer is permitted to make in addition to those permitted by this section; and
the manner in which the deductions permitted by this section may be made by the employer.
1993, c. 42, s. 40
Sign in to join the discussion — free, just validates your email.
Where associated or related federal works, undertakings and businesses are operated by two or more employers having common control or direction, the Minister may, after affording to the employers a reasonable opportunity to make representations, by order, declare that for all purposes of this Part the employers and the federal works, undertakings and businesses operated by them that are specified in the order are, respectively, a single employer and a single federal work, undertaking or business.
Idem
(2)Where an order is made under subsection (1), the employers to which it applies are jointly and severally liable to the employees employed in the federal works, undertakings and businesses to which the order applies for overtime pay, vacation pay, holiday pay and other wages or amounts to which the employees are entitled under this Part.
R.S., c. 17(2nd Supp.), s. 17; 1977-78, c. 27, s. 25
Sign in to join the discussion — free, just validates your email.
Every person is guilty of an offence who
contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1), 251.001(9) or 252(2) or any regulation made under section 227 or paragraph 264(1)(a) or (a.1);
contravenes any order made under this Part or the regulations; or
discharges, threatens to discharge or otherwise discriminates against a person because that person
has testified or is about to testify in any proceedings or inquiry taken or had under this Part, or
has given any information to the Minister or the Head regarding the wages, hours of work, annual vacation or conditions of work of an employee.
Punishment
(1.1)Every person who is guilty of an offence under subsection (1) is liable on summary conviction
in the case of an employer that is a corporation,
for a first offence, to a fine of not more than $50,000,
for a second offence, to a fine of not more than $100,000, and
for each subsequent offence, to a fine of not more than $250,000; and
in all other cases,
for a first offence, to a fine of not more than $10,000,
for a second offence, to a fine of not more than $20,000, and
for each subsequent offence, to a fine of not more than $50,000.
Second or subsequent offence
(1.2)For the purposes of subsection (1.1), in determining whether a person convicted of an offence has committed a second or subsequent offence, an earlier offence may be taken into account only if the person was convicted of the earlier offence within the five-year period immediately before the day on which the person is convicted of the offence for which sentence is being imposed.
Offences — employers
(2)Every employer that contravenes any provision of Division IX, subsection 239.1(2) or 239.2(1) or any regulation made under section 227 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000.
Idem
(3)Every employer who
fails to keep any record that, by subsection 252(2) or any regulation made under paragraph 264(1)(a) or (a.1), the employer is required to keep, or
refuses to make available for examination by the Head at any reasonable time any such record kept by the employer,
is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 for each day during which the refusal or failure continues.
R.S., 1985, c. L-2, s. 256; R.S., 1985, c. 9 (1st Supp.), s. 19; 2012, c. 19, s. 436; 2015, c. 36, s. 91; 2017, c. 20, s. 375; 2017, c. 20, s. 400; 2018, c. 27, s. 610
Sign in to join the discussion — free, just validates your email.
A complaint or information under this Part may relate to one or more offences by one employer in respect of one or more of his employees.
Limitation period
(2)Proceedings in respect of an offence under this Part may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose.
Minister’s consent required
(3)No proceeding against a director of a corporation in respect of an offence under this Part shall be instituted except with the consent of the Minister.
R.S., 1985, c. L-2, s. 257; 1993, c. 42, s. 41
Sign in to join the discussion — free, just validates your email.
Where an employer has been convicted of an offence under this Part in respect of any employee, the convicting court shall, in addition to any other punishment, order the employer to pay to the employee any overtime pay, vacation pay, holiday pay or other wages or amounts to which the employee is entitled under this Part the non-payment or insufficient payment of which constituted the offence for which the employer was convicted.
Reinstatement of pay and position
(2)Where an employer has been convicted of an offence under this Part in respect of the discharge of an employee, the convicting court may, in addition to any other punishment, order the employer
to pay compensation for loss of employment to the employee not exceeding such sum as in the opinion of the court is equivalent to the wages that would have accrued to the employee up to the date of conviction but for such discharge; and
to reinstate the employee in his employ at such date as in the opinion of the court is just and proper in the circumstances and in the position that the employee would have held but for such discharge.
When inaccurate records kept
(3)In determining the amount of wages or overtime for the purposes of subsection (1), if the convicting court finds that the employer has not kept accurate records as required by this Part or the regulations, the employee affected shall be conclusively presumed to have been employed for the maximum number of hours a week allowed under this Part and to be entitled to the full weekly wage therefor.
R.S., c. L-1, s. 71; 1977-78, c. 27, s. 27
Sign in to join the discussion — free, just validates your email.
An employer that fails to comply with an order of a convicting court made under section 258 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $1,000 for each day during which the failure continues.
R.S., 1985, c. L-2, s. 259; R.S., 1985, c. 9 (1st Supp.), s. 20; 2012, c. 19, s. 437
Sign in to join the discussion — free, just validates your email.
Where a person is convicted of an offence under this Part punishable on summary conviction, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment.
Recovery of penalties
(2)Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.
R.S., 1985, c. 9 (1st Supp.), s. 20
Sign in to join the discussion — free, just validates your email.
If a person makes a complaint under this Part and requests that their name and identity be withheld, their name and identity must not be disclosed unless
the disclosure is necessary for the purposes of a prosecution;
the Head determines that the disclosure is in the public interest; or
the Head determines that the disclosure is necessary for the investigation of the complaint to be carried out and the complainant consents to the disclosure in writing.
Consent
(2)If a determination is made under paragraph (1)(c) and the complainant refuses to provide their consent after being requested to do so in writing, the Head may deem the complaint to be withdrawn.
R.S., 1985, c. L-2, s. 260; 2018, c. 27, s. 503; 2018, c. 27, s. 612
Sign in to join the discussion — free, just validates your email.
No civil remedy of an employee against his employer for arrears of wages is suspended or affected by this Part.
R.S., c. L-1, s. 73
Sign in to join the discussion — free, just validates your email.
Where by this Part or the regulations the Minister is authorized to make any order in respect of any matter, the order may be made to apply generally or in particular cases or to apply to classes of employees or industrial establishments.
R.S., c. L-1, s. 74
Sign in to join the discussion — free, just validates your email.
Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve and better protect employees’ rights under this Part, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project and adapting any such provision for the purposes of that application.
R.S., 1985, c. L-2, s. 263; 1996, c. 11, s. 68; 2018, c. 27, s. 504
Sign in to join the discussion — free, just validates your email.
Unless they are repealed earlier, regulations made under section 263 are repealed on the fifth anniversary of the day on which they come into force.
2018, c. 27, s. 504
Sign in to join the discussion — free, just validates your email.
The Governor in Council may make regulations for carrying out the purposes of this Part and, without restricting the generality of the foregoing, may make regulations
requiring employers to keep records of wages, vacations, holidays and overtime of employees and of other particulars relevant to the purposes of this Part or any Division thereof;
requiring employers to keep records relevant to the purposes of this Part in respect of persons who are excluded under subsection 167(1.2) from the application of all or any of this Part;
respecting the information that an employer must provide to the Head for the purpose of establishing that the performance of activities referred to in subsection 167(1.2) fulfils the requirements of a program referred to in that subsection, and the circumstances in which an employer must provide it;
specifying the circumstances in which a person who performs activities referred to in subsection 167(1.2) must provide to an employer the information referred to in paragraph (a.2);
for the purpose of subsection 167(1.2), specifying or describing secondary or post-secondary educational institutions, vocational schools, or equivalent educational institutions outside Canada;
designating any branch, section or other division of any federal work, undertaking or business as an industrial establishment for the purposes of this Part or any Division thereof;
extending the application of this Part, in the manner and to the extent provided for in the regulations, to any class of persons;
governing the production and inspection of records required to be kept by employers;
for calculating and determining wages received by an employee in respect of his employment, including the monetary value of remuneration other than money and, for the purposes of any provision or provisions of this Part specified in the regulations, the regular rate of wages of employees;
for calculating and determining the regular rate of wages, on an hourly basis, of employees who are paid on any basis of time other than hourly or who are not paid solely on a basis of time;
respecting the calculation and payment of the wages and other amounts to which an employee whose wages are paid on a commission basis, on a salary plus commission basis or on any other basis other than time is entitled to under Divisions V, VII, VIII, X and XI;
prescribing the maximum number of hours that may elapse between the commencement and termination of the working day of any employee;
[Repealed, 2018, c. 27, s. 505]
requiring an employer in any industrial establishment to notify employees, by the publication of such notices, in such manner as may be prescribed, of
the provisions of this Part or any regulation or order made under this Part,
the particulars of hours of work, including the hours at which shifts change,
the particulars of rest periods and meal periods, and
other matters related to hours and conditions of work of employees;
providing for the payment of any wages of an employee to the Head or to another person in the event that the employee cannot be found or in any other case;
providing for the application of any provisions of this Part or of the regulations made under this Part to persons and, in relation to those persons, employers who are otherwise excluded under subsection 167(1.2) from the application of this Part and adapting those provisions for the purpose of applying them to those persons and those employers;
providing for the establishment of consultative or advisory committees to advise the Minister on any matters arising in relation to the administration of this Part;
prescribing the circumstances and conditions for the purposes of subsection 251.01(3);
prescribing the circumstances under which a complaint is not to be rejected under paragraph 251.05(1)(c);
prescribing the conditions that are to be met before a complaint may be rejected under paragraph 251.05(1)(c);
prescribing periods for the purposes of subsection 251.05(1.1); and
[Repealed, 2020, c. 12, s. 4]
for any other matter or purpose that under this Part is required or permitted to be prescribed by regulation.
Incorporation of documents
(2)A regulation made under paragraph (1)(a.4) that incorporates by reference, in whole or in part, a document may incorporate the document, regardless of its source, as it exists on a certain date, as amended to a certain date or as amended from time to time.
R.S., 1985, c. L-2, s. 264; R.S., 1985, c. 9 (1st Supp.), s. 21; 2012, c. 31, s. 229; 2015, c. 36, s. 92; 2017, c. 33, s. 218; 2018, c. 27, s. 505; 2018, c. 27, s. 613; 2020, c. 12, s. 4
Sign in to join the discussion — free, just validates your email.
The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.
1996, c. 12, s. 4; 1997, c. 9, s. 125
Sign in to join the discussion — free, just validates your email.
The Governor in Council may by regulation exclude, in whole or in part, from the application of any of the provisions of this Part any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.
Regulations
(2)On the recommendation of the Minister, the Governor in Council may make regulations relating to labour standards in relation to employment that is subject to a regulation made pursuant to subsection (1).
1996, c. 12, s. 4; 1997, c. 9, s. 125
Sign in to join the discussion — free, just validates your email.
Subsections 121.2(3) to (8) apply, with such modifications as the circumstances require, in respect of a regulation made pursuant to subsection 266(2) except that the references to “subsection (2)” in subsections 121.2(3) to (6) shall be read as references to subsection 266(2).
1996, c. 12, s. 4
Sign in to join the discussion — free, just validates your email.