Canada Labour Code (R.S.C., 1985, c. L-2)
Full Document:
Act current to 2013-04-29 and last amended on 2013-01-01. Previous Versions
AMENDMENTS NOT IN FORCE
— 2000, c. 14, s. 43, as amended by 2002, c. 9, s. 18
Conditional amendment — Bill C-23
43. If Bill C-23, introduced in the 2nd Session of the 36th Parliament and entitled the Modernization of Benefits and Obligations Act (the “other Act”), receives royal assent, then on the later of the coming into force of section 107 of the other Act and the coming into force of section 42 of this Act, section 206.1 of the Canada Labour Code is replaced by the following:
Entitlement to leave
206.1 (1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to thirty-seven weeks to care for
(a) a new-born child of the employee;
(b) a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides; or
(c) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act.
Period when leave may be taken
(2) The leave of absence may only be taken during the fifty-two week period beginning
(a) in the case of a child described in paragraph (1)(a), at the option of the employee, on the day the child is born or comes into the actual care of the employee;
(b) in the case of a child described in paragraph (1)(b), on the day the child comes into the actual care of the employee; and
(c) in the case of a child described in paragraph (1)(c), on the day the requirements referred to in that paragraph are met.
Aggregate leave — two employees
(3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same event, as described in paragraphs (1)(a) to (c), shall not exceed thirty-seven weeks.
— 2010, c. 12, s. 2172
2000, c. 20, s. 2(5)
2172. The definition “appeals officer” in subsection 122(1) of the Canada Labour Code is replaced by the following:
“appeals officer”
« agent d’appel »
“appeals officer” means a person who is appointed as an appeals officer under section 145.1;
— 2010, c. 12, s. 2173
2000, c. 20, s. 10
2173. Subsection 129(7) of the Act is replaced by the following:
Appeal
(7) If a health and safety officer decides that the danger does not exist, the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision by filing a notice of appeal with the Minister within 10 days after the day on which the employee receives notice of the decision.
— 2010, c. 12, s. 2174
2000, c. 20, s. 14
2174. Subsection 145.1(1) of the Act is replaced by the following:
Appointment
145.1 (1) On receipt of a notice of appeal, the Minister shall appoint as an appeals officer to inquire into and make a decision on the appeal any person who is qualified to perform the duties of such an officer.
— 2010, c. 12, s. 2175
2000, c. 20, s. 14
2175. Subsection 146(1) of the Act is replaced by the following:
Appeal of direction
146. (1) An employer, employee or trade union that feels aggrieved by a direction issued by a health and safety officer under this Part may appeal the direction by filing a notice of appeal with the Minister within 30 days after the day on which the direction is issued or confirmed in writing.
— 2010, c. 12, s. 2176
2000, c. 20, s. 14
2176. (1) The portion of subsection 146.1(1) of the Act before paragraph (a) is replaced by the following:
Inquiry
146.1 (1) If an appeal is brought under subsection 129(7) or section 146, the appeals officer shall, in a summary way and without delay, inquire into the circumstances of the decision or direction, as the case may be, and may
2000, c. 20, s. 14
(2) Subsection 146.1(2) of the Act is replaced by the following:
Decision and reasons
(2) The appeals officer shall provide a written decision, with reasons, and a copy of any direction to the employer, employee or trade union concerned within 90 days after completing their inquiry under subsection (1). The employer shall, without delay, give a copy of it to the work place committee or health and safety representative.
— 2010, c. 12, s. 2177
2000, c. 20, s. 14
2177. (1) The portion of section 146.2 of the Act before paragraph (a) is replaced by the following:
Powers
146.2 (1) For the purposes of a proceeding under subsection 146.1(1), an appeals officer may, subject to any regulations made under subsection (2),
(2) Section 146.2 of the Act is amended by adding the following after subsection (1):
Regulations
(2) The Governor in Council may make regulations, for the purpose of proceedings under subsection 146.1(1), respecting
(a) the rules of practice and procedure to be followed, and the duration of the proceedings;
(b) the setting of limits on the exercise of the powers of appeals officers under subsection (1); and
(c) any matter related to the efficient and effective operation of the proceedings.
— 2012, c. 19, s. 432
1998, c. 26, s. 51(2)
432. (1) Paragraphs 111(e) and (f) of the Canada Labour Code are replaced by the following:
(e) prescribing the form and content of a notice under section 71 and prescribing any additional information and documents that are to be furnished with such a notice;
(f) prescribing the form and content of a notice under section 87.2 and prescribing any additional information and documents that are to be furnished with such a notice;
(2) Paragraph 111(i) of the Act is replaced by the following:
(i) prescribing the form and content of any written request to the Minister under subsection 57(2) or (4) and prescribing any additional information and documents that are to be furnished with such a request;
(3) Section 111 of the Act is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (l):
(m) prescribing the form and manner in which a copy of a collective agreement shall be filed with the Minister under subsection 115(1) and prescribing any additional information and documents that are to be filed with it;
(n) prescribing the information and documents that the Minister shall provide to the parties to a collective agreement after the Minister has received a copy of the collective agreement;
(o) prescribing the circumstances in which, and the conditions under which, the parties to a collective agreement are exempted from filing a copy of the collective agreement with the Minister; and
(p) prescribing the circumstances in which, and the conditions under which, a collective agreement may come into force even if no party has filed a copy of it with the Minister.
— 2012, c. 19, s. 433
433. Section 115 of the Act is replaced by the following:
Collective agreement to be filed
115. (1) Subject to the regulations made under paragraph 111(o), each party to a collective agreement shall, immediately after it is entered into, renewed or revised, file one copy of the collective agreement with the Minister.
Coming into force conditional on filing
(2) Subject to the regulations made under paragraph 111(p), the collective agreement may come into force only if at least one party has filed a copy of it with the Minister.
Coming into force of provisions
(3) Once the copy is filed with the Minister, the provisions of the collective agreement come into force on the day or days on which they would have come into force were it not for the requirement under subsection (2), even if those days precede the day on which it is filed.
— 2012, c. 19, s. 434
434. The Act is amended by adding the following after section 239.1:
Division XIII.2
Long-term Disability Plans
Employer’s obligation
239.2 (1) Every employer that provides benefits to its employees under a long-term disability plan must insure the plan with an entity that is licensed to provide insurance under the laws of a province.
Exception
(2) However, an employer may provide those benefits under a long-term disability plan that is not insured, in the circumstances and subject to the conditions provided for in the regulations.
Regulations
239.3 The Governor in Council may make regulations respecting long-term disability plans, including regulations
(a) specifying what constitutes a long-term disability plan; and
(b) specifying the circumstances and conditions referred to in subsection 239.2(2).
— 2012, c. 19, s. 435
435. Subsection 249(2) of the Act is amended by adding the following after paragraph (c):
(c.1) 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;
— 2012, c. 19, s. 436
R.S., c. 9 (1st Supp.), s. 19(1)
436. (1) The portion of subsection 256(1) of the Act before paragraph (b) is replaced by the following:
Offences and punishment
256. (1) Every person is guilty of an offence who
(a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1) or 252(2) or any regulation made under section 227 or paragraph 264(a),
R.S., c. 9 (1st Supp.), s. 19(1)
(2) The portion of subsection 256(1) of the English version of the Act after paragraph (c) is repealed.
(3) Subsection 256(2) of the Act is replaced by the following:
Punishment
(1.1) Every person who is guilty of an offence under subsection (1) is liable on summary conviction
(a) in the case of an employer that is a corporation,
(i) for a first offence, to a fine of not more than $50,000,
(ii) for a second offence, to a fine of not more than $100,000, and
(iii) for each subsequent offence, to a fine of not more than $250,000; and
(b) in all other cases,
(i) for a first offence, to a fine of not more than $10,000,
(ii) for a second offence, to a fine of not more than $20,000, and
(iii) 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.
R.S., c. 9 (1st Supp.), s. 19(2)
(4) The portion of subsection 256(3) of the French version of the Act before paragraph (a) is replaced by the following:
Autre infraction
(3) Commet une infraction et encourt, sur déclaration de culpabilité par procédure sommaire, une amende maximale de mille dollars pour chacun des jours au cours desquels se continue l’infraction l’employeur qui :
(5) Paragraph 256(3)(a) of the Act is replaced by the following:
(a) fails to keep any record that by subsection 252(2) or any regulation made under paragraph 264(a) the employer is required to keep, or
R.S., c. 9 (1st Supp.), s. 19(2)
(6) The portion of subsection 256(3) of the English version of the Act after paragraph (b) is replaced by the following:
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.
— 2012, c. 19, s. 437
R.S., c. 9 (1st Supp.), s. 20
437. Section 259 of the Act is replaced by the following:
Failure to comply with order
259. 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.
— 2012, c. 19, s. 438
Existing claims
438. If, before the coming into force of section 239.2 of the Canada Labour Code, as enacted by section 434, an employer provides benefits to its employees under a long-term disability plan that is not insured with an entity that is licensed to provide insurance under the laws of a province and either benefits are being paid to one of those employees under that plan or an application for the payment of benefits under that plan has been submitted by one of those employees, that employer, on the coming into force of that section 239.2, is not required to insure that plan in accordance with that section 239.2 and may continue to provide benefits under that plan but only to the employee who is being paid benefits or to the employee who submitted an application for the payment of benefits.
— 2012, c. 19, s. 439
Limitation — second or subsequent offences
439. Despite subsection 256(1.2) of the Canada Labour Code, as enacted by section 436, in determining whether a person has committed a second or subsequent offence for the purposes of subsection 256(1.1) of that Act as enacted by that section, an earlier offence may be taken into account only if the person is convicted of the earlier offence on or after the day on which that section comes into force.
— 2012, c. 19, s. 564
Definitions
564. The following definitions apply in sections 565 to 570.
“Board”
« Conseil »
“Board” means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code.
“Tribunal”
« Tribunal »
“Tribunal” means the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act, as that Act read immediately before the coming into force of this section.
— 2012, c. 27, s. 2(1)
1993, c. 42, s. 26
2. (1) The heading of Division VII of Part III of the Canada Labour Code is replaced by the following:
Reassignment, Maternity Leave, Parental Leave, Compassionate Care Leave and Leave Related to Critical Illness
— 2012, c. 27, s. 5
5. The Act is amended by adding the following after section 206.3:
Leave Related to Critical Illness
Interpretation
206.4 (1) In this section, “critically ill child”, “parent” and “specialist medical doctor” have the same meanings as in the regulations made under the Employment Insurance Act and “week” has the same meaning as in subsection 206.3(1).
Leave — 37 weeks
(2) Every employee who has completed six consecutive months of continuous employment with an employer and who is the parent of a critically ill child is entitled to and shall be granted a leave of absence from employment of up to 37 weeks in order to care for or support that child if a specialist medical doctor has issued a certificate that
(a) states that the child is a critically ill child and requires the care or support of one or more of their parents; and
(b) sets out the period during which the child requires that care or support.
Medical practitioner
(3) In the circumstances set out under the Employment Insurance Act, the certificate referred to in subsection (2) may be issued by a member of a class of medical practitioners that is prescribed under that Act.
Period when leave may be taken — child
(4) The period during which the employee may take a leave of absence
(a) begins on the first day of the week in which either of the following falls:
(i) the day on which the first certificate is issued in respect of the child that meets the requirements of subsection (2), or
(ii) if the leave begins before the day on which the certificate is issued, the day from which the specialist medical doctor certifies that the child is critically ill; and
(b) ends on the last day of the week in which either of the following occurs:
(i) the child dies, or
(ii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).
Period when leave may be taken — children
(5) If more than one child of the employee is critically ill as a result of the same event, the period during which the employee may take a leave of absence
(a) begins on the first day of the week in which either of the following falls:
(i) the day on which the first certificate is issued in respect of any of the children that meets the requirements of subsection (2), or
(ii) if the leave begins before the day on which the certificate is issued, the first day from which the specialist medical doctor certifies that any of the children is critically ill; and
(b) ends on the last day of the week in which either of the following occurs:
(i) the last of the children dies, or
(ii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).
Aggregate leave — employees
(6) The aggregate amount of leave that may be taken by employees under this section in respect of the same child — or the same children who are critically ill as a result of the same event — must not exceed 37 weeks during the period referred to in subsection (4) or (5), as the case may be.
— 2012, c. 27, s. 34
This Act
34. On the first day on which both subsections 2(1) and (2) of this Act are in force, the heading of Division VII of Part III of the Canada Labour Code is replaced by the following:
Reassignment, Maternity Leave, Parental Leave, Compassionate Care Leave, Leave Related to Critical Illness and Leave Related to Death or Disappearance
— 2012, c. 27, s. 35
2000, c. 14
35. On the first day on which section 43 of the Budget Implementation Act, 2000 produces its effects, section 206.1 of the Canada Labour Code is replaced by the following:
Entitlement to leave
206.1 (1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to thirty-seven weeks to care for
(a) a new-born child of the employee;
(b) a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides; or
(c) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act.
Period when leave may be taken
(2) The leave of absence may only be taken during the fifty-two week period beginning
(a) in the case of a child described in paragraph (1)(a), at the option of the employee, on the day the child is born or comes into the actual care of the employee;
(b) in the case of a child described in paragraph (1)(b), on the day the child comes into the actual care of the employee; and
(c) in the case of a child described in paragraph (1)(c), on the day the requirements referred to in that paragraph are met.
Extension of period
(2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5, is absent due to a reason referred to in subsection 239(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
Extension of period — child in hospital
(2.2) If the child referred to in subsection (1) is hospitalized during the period referred to in subsection (2), the period is extended by the number of weeks during which the child is hospitalized.
Limitation
(2.3) An extension under subsection (2.1) or (2.2) must not result in the period being longer than 104 weeks.
Interruption
(2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5, to be absent due to a reason referred to in subsection 239(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
Resumption
(2.5) The leave referred to in subsection (1) resumes immediately after the interruption ends.
Aggregate leave — two employees
(3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same event, as described in paragraphs (1)(a) to (c), shall not exceed thirty-seven weeks.
Exception — sick leave
(4) Except to the extent that it is inconsistent with subsection 239(1.1), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1).
Exception — work-related illness or injury
(5) Except to the extent that it is inconsistent with subsections 239.1(3) and (4), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.1(1).
Exception — member of reserve force
(6) Despite section 209.1, sections 247.93 to 247.95 apply to an employee who interrupted the leave referred to in subsection (1) in order to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
— 2012, c. 31, s. 219
219. (1) The portion of section 188 of the Canada Labour Code before paragraph (a) is replaced by the following:
Termination of employment during year
188. When an employee ceases to be employed, the employer shall pay to the employee within 30 days after the day on which the employee ceases to be employed
(2) Paragraph 188(b) of the English version of the Act is replaced by the following:
(b) four per cent or, if the employee has completed six consecutive years of employment by one employer, six per cent of the wages of the employee during any part of the completed portion of their year of employment in respect of which vacation pay has not been paid to the employee.
— 2012, c. 31, s. 220
220. Section 191 of the Act is replaced by the following:
Definitions
191. The following definitions apply in this Division.
“employed in a continuous operation”
« occupé à un travail ininterrompu »
“employed in a continuous operation” means, in respect of an employee, employment in
(a) any industrial establishment in which, in each seven-day period, operations once begun normally continue without cessation until the completion of the regularly scheduled operations for that period;
(b) any operations or services concerned with the running of trains, planes, ships, trucks or other vehicles, whether in scheduled or non-scheduled operations;
(c) any telephone, radio, television, telegraph or other communication or broadcasting operations or services; or
(d) any operation or service normally carried on without regard to Sundays or general holidays.
“holiday pay”
« indemnité de congé »
“holiday pay” means pay calculated in accordance with section 196.
“holiday with pay”
« congé payé »
“holiday with pay” means a holiday for which an employee is entitled to holiday pay.
— 2012, c. 31, s. 221
2001, c. 34, ss. 18(F) and 19(F)
221. Sections 196 to 198 of the Act are replaced by the following:
Holiday pay
196. (1) Subject to subsections (2) to (4), an employee shall, for each general holiday, be paid holiday pay equal to at least one twentieth of the wages, excluding overtime pay, that they earned in the four-week period immediately preceding the week in which the general holiday occurs.
Employees on commission
(2) An employee whose wages are paid in whole or in part on a commission basis and who has completed at least 12 weeks of continuous employment with an employer shall, for each general holiday, be paid holiday pay equal to at least one sixtieth of the wages, excluding overtime pay, that they earned in the 12-week period immediately preceding the week in which the general holiday occurs.
First 30 days of employment
(3) An employee is not entitled to holiday pay for a general holiday that occurs in their first 30 days of employment with an employer.
Continuous operation employee not reporting for work
(4) An employee who is employed in a continuous operation is not entitled to holiday pay for a general holiday
(a) on which they do not report for work after having been called to work on that day; or
(b) for which they make themselves unavailable to work when the conditions of employment in the industrial establishment in which they are employed
(i) require them to be available, or
(ii) allow them to make themselves unavailable.
Employment
(5) For the purposes of subsection (3), a person is deemed to be in the employment of another person when they are available at the call of that other person, whether or not they are called on to perform any work.
Additional pay for holiday work
197. (1) An employee who is required to work on a day on which they are entitled to holiday pay shall be paid, in addition to the holiday pay for that day, wages at a rate equal to at least one and one-half times their regular rate of wages for the time that they work on that day.
Employment in continuous operation
(2) An employee employed in a continuous operation who is required to work on a day on which they are entitled to holiday pay shall
(a) be paid in accordance with subsection (1);
(b) be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer; or
(c) be paid holiday pay for the first day on which they do not work after that day, if a collective agreement that is binding on the employer and the employee so provides.
Employees not entitled to holiday pay
(3) If an employee who is not entitled to holiday pay under subsection 196(3) is required to work on a general holiday, they shall be paid at a rate equal to at least one and one-half times their regular rate of wages for the time that they work on that day unless they are employed in a continuous operation, in which case they are entitled to their regular rate of wages for the time that they work on that day.
— 2012, c. 31, s. 222
R.S., c. 9 (1st Supp.), s. 8; 1993, c. 42, ss. 24 and 25; 2001, c. 34, s. 20(F)
222. Sections 199 to 202 of the Act are replaced by the following:
Holiday work for managers, etc.
199. Despite section 197, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which they are entitled to holiday pay shall be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer.
Holiday pay deemed to be wages
200. Holiday pay granted to an employee is for all purposes deemed to be wages.
Application of section 189
201. Section 189 applies for the purposes of this Division.
— 2012, c. 31, s. 223
223. The Act is amended by adding the following after section 251:
Complaints
Making of complaint
251.01 (1) Any employee may make a complaint in writing to an inspector if they believe that the employer has contravened
(a) any provision of this Part or of the regulations made under this Part; or
(b) any order.
Time for making complaint
(2) A complaint under subsection (1) shall be made within the following period
(a) 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
(b) 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 Minister may, subject to the regulations, extend the period set out in subsection (2)
(a) if the Minister 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;
(b) in any circumstances prescribed by regulation; or
(c) in the conditions prescribed by regulation.
Limitation
(4) An employee is not permitted to make a complaint under subsection (1) if the complaint is that the employee has been dismissed and considers the dismissal to be unjust.
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).
Suspension of complaint
251.02 (1) If satisfied that the employee must take measures before the complaint may be dealt with, an inspector may suspend consideration of the complaint made under section 251.01, in whole or in part.
Notice
(2) If the inspector suspends a complaint, the inspector must notify the employee in writing and specify in the notice
(a) the measures that the employee must take; and
(b) the period of time within which the employee must take those measures.
Extension of time
(3) The inspector may, upon request, extend the time period specified in the notice.
End of suspension
(4) The suspension ends when, in the inspector’s opinion, the measures specified in the notice have been taken.
Inspector to assist parties
251.03 After receipt of a complaint, an inspector may assist the parties to the complaint to settle the complaint or cause another inspector to do so.
Settlement of amounts due
251.04 (1) 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 Minister.
If amount paid to Minister
(2) If an employer pays the amounts to the Minister, the Minister shall, 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 without the written consent of the Minister be instituted against an employer if the employer has paid the amount of wages or other amounts referred to in subsection (1) to the employee or the Minister.
Rejection of complaint
251.05 (1) An inspector may reject a complaint made under section 251.01, in whole or in part,
(a) if the inspector is satisfied
(i) that the complaint is not within their jurisdiction,
(ii) that the complaint is frivolous, vexatious or not made in good faith,
(iii) that the complaint has been settled,
(iv) that there are other means available to the employee to resolve the subject-matter of the complaint that the inspector considers should be pursued,
(v) that the subject-matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator,
(vi) 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
(vii) 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; or
(b) if consideration of the complaint was suspended under subsection 251.02(1) and if, in the inspector’s opinion, the other measures specified in the notice under subsection 251.02(2) were not taken within the specified time period.
Notice of rejection of complaint
(2) If a complaint has been rejected, the inspector 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 Minister review the inspector’s decision.
Review
(4) The Minister may confirm the inspector’s decision, or rescind it and direct an inspector to deal with the complaint.
Notice of Minister’s decision
(5) The Minister shall notify the employee in writing of the Minister’s decision.
Review is final
(6) The Minister’s confirmation or rescission is final and conclusive and is not subject to appeal to or review by any court.
— 2012, c. 31, s. 224
1993, c. 42, s. 37
224. Subsection 251.1(2) of the Act is replaced by the following:
Limitation
(1.1) A payment order must not relate to wages or other amounts to which the employee is entitled for the period preceding
(a) in the case where the employee made a complaint under subsection 251.01(1) that was not rejected under subsection 251.05(1), the 12 months before the day on which the complaint was made or, if there was a termination of employment prior to the complaint being made, the 12 months before the date of termination; and
(b) in any other case, the 12 months before the day on which an inspection under this Part, during the course of which the inspector made the finding referred to in subsection (1), began.
Unpaid vacation pay
(1.2) In respect of unpaid vacation pay, a reference to a period of 12 months in subsection (1.1) shall be read as a reference to a period of 24 months.
If complaint unfounded
(2) An inspector dealing with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part shall notify the employee in writing that their complaint is unfounded if the inspector 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 set out in paragraph 251.01(2)(a) or for the extended period provided for in subsection 251.01(3).
— 2012, c. 31, s. 225
1993, c. 42, s. 37
225. Section 251.11 of the Act is replaced by the following:
Request for review
251.101 (1) A person who is affected by a payment order or a notice of unfounded complaint may send a written request with reasons for a review of the inspector’s decision to the Minister within 15 days after the day on which the order or a copy of the order or the notice is served.
Payment of amount
(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 Minister the amount indicated in the payment order, subject to, in the case of a director, the maximum amount of the director’s liability under section 251.18.
Review
(3) On receipt of the request for review, the Minister may, in writing, confirm, rescind or vary, in whole or in part, the payment order or the notice of unfounded complaint and, if the Minister rescinds the notice, the Minister shall direct an inspector to re-examine the complaint.
Service of documents
(4) Service of a decision made under subsection (3) shall be made to the persons who are affected by the payment order or by the notice of unfounded complaint, by personal service or by registered or certified mail and, in the case of registered or certified mail, the decision is deemed to have been received by the addressee on the seventh day after the day on which it is mailed.
Proof of service of documents
(5) A certificate purporting to be signed by the Minister certifying that a decision referred to in subsection (4) was sent by registered or certified mail to the person to whom it was addressed, accompanied by an identifying post office certificate of the registration or certification and a true copy of the decision, is admissible in evidence and is proof of the statements contained in it, 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 Minister may, if the Minister considers it appropriate in the circumstances, treat the request for review as an appeal of the inspector’s decision, in which case the Minister shall so inform the persons affected by the payment order or by the notice of unfounded complaint, and the request for review shall be considered to be an appeal for the purposes of section 251.12.
Appeal
251.11 (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, may appeal the decision to the Minister, in writing, within 15 days after the day on which the decision is served, but 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
(3) An employer or director of a corporation is not permitted to appeal from a decision unless the employer or director pays to the Minister
(a) if no amount was paid under subsection 251.101(2), the amount indicated in the payment order or, if the decision varied that amount, the amount indicated in the decision; and
(b) if an amount was paid under subsection 251.101(2) that is less than the amount indicated in the decision, the amount equal to the difference between the two amounts.
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.
— 2012, c. 31, s. 226
1993, c. 42, s. 37
226. (1) Subsection 251.12(1) of the Act is replaced by the following:
Appointment of referee
251.12 (1) The Minister shall appoint any person that the Minister considers appropriate as a referee to hear and adjudicate an appeal and shall provide that person with the decision being appealed and either the request for appeal or, if subsection 251.101(7) applies, the request for review submitted under subsection 251.101(1).
1993, c. 42, s. 37
(2) Paragraph 251.12(4)(a) of the Act is replaced by the following:
(a) confirm, rescind or vary, in whole or in part, the decision being appealed;
— 2012, c. 31, s. 227
1993, c. 42, s. 37
227. Subsection 251.14(1) of the Act is replaced by the following:
Deposit of moneys
251.14 (1) If the Minister receives moneys under this Division, the Minister 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.
— 2012, c. 31, s. 228
1993, c. 42, s. 37
228. Subsection 251.15(1) of the Act is replaced by the following:
Enforcement of orders
251.15 (1) 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 a referee’s order made under subsection 251.12(4), or the Minister on the request of any such person, may, after the day provided in the order for compliance or after 15 days following the day on which the order is made, confirmed or varied, whichever is the later, file in the Federal Court a copy of the payment order, or a copy of the referee’s order exclusive of the 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 a referee’s order is made under paragraph 251.12(4)(a) relating to the payment order.
— 2012, c. 31, s. 229
229. Section 264 of the Act is amended by striking out “and” at the end of paragraph (j) and by adding the following after paragraph (j):
(j.1) prescribing the circumstances and conditions for the purposes of subsection 251.01(3); and
— 2012, c. 31, s. 230
Complaints, notices and payment orders
230. The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies
(a) to complaints that allege that an employer contravened any provision of Part III of that Act, any provision of regulations made under that Part or any order within the meaning of that Part and that were received by the Minister of Labour before that day;
(b) to notices of unfounded complaint issued under subsection 251.1(2) of that Act that relate to complaints referred to in paragraph (a); and
(c) to payment orders issued under subsection 251.1(1) of that Act
(i) before that day, and
(ii) on or after that day, if the inspector made the finding that resulted in the payment order during the course of an inspection under Part III of that Act that began before that day or as a result of dealing with a complaint referred to in paragraph (a).
— 2012, c. 31, s. 231
Payment orders and notices
231. The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies to any payment orders and notices of unfounded complaint issued before that day under section 251.1 of that Act.
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