Marginal note:Violation

• 35. (1) Every private sector employer commits a violation of this Act who

  • (a) without reasonable excuse, fails to file an employment equity report as required by section 18;

  • (b) without reasonable excuse, fails to include in the employment equity report any information that is required, by section 18 and the regulations, to be included; or

  • (c) provides any information in the employment equity report that the employer knows to be false or misleading.

• Marginal note:Continuing violations

  (2) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

• Marginal note:Violations not offences

  (3) A violation is not an offence and accordingly the Criminal Code does not apply in respect of a violation.

Marginal note:Assessment of monetary penalty

• 36. (1) The Minister may, within two years after the day on which the Minister becomes aware of a violation, issue a notice of assessment of a monetary penalty in respect of the violation and send it by registered mail to the private sector employer.

• Marginal note:Limit

  (2) The amount of a monetary penalty shall not exceed

  • (a) $10,000 for a single violation; and

  • (b) $50,000 for repeated or continued violations.

• Marginal note:Factors to be considered

  (3) In assessing the amount of a monetary penalty, the Minister shall take into account

  • (a) the nature, circumstances, extent and gravity of the violation; and

  • (b) the wilfulness or intent of the private sector employer and the employer’s history of prior violations.

Marginal note:Notice of assessment of monetary penalty

37. A notice of the assessment of a monetary penalty shall

• (a) identify the alleged violation;

• (b) specify the amount of the monetary penalty; and

• (c) specify the place where the employer may pay the monetary penalty.

Marginal note:Employer’s options

• 38. (1) An employer may, not later than thirty days after receiving a notice of assessment of a monetary penalty,

  • (a) comply with the notice; or

  • (b) contest the assessment of the monetary penalty by making a written application to the Minister for a review, by a Tribunal, of that assessment.

• Marginal note:Copy of application

  (2) If the Minister receives a written application, the Minister shall send a copy of it to the Chairperson.

• Marginal note:Copy of notice of assessment

  (3) If an employer who is issued a notice of assessment of a monetary penalty fails to exercise one of the options set out in subsection (1) within the period referred to in that subsection, the Minister shall send a copy of the notice to the Chairperson.