Canada Labour Code (R.S.C., 1985, c. L-2)

Act current to 2017-08-27 and last amended on 2017-06-22. Previous Versions

DIVISION XVIAdministration and General

Inquiries

Marginal note:Inquiries
  •  (1) The Minister may,

    • (a) for any of the purposes of this Part, cause an inquiry to be made into and concerning employment in any industrial establishment; and

    • (b) appoint one or more persons to hold the inquiry.

  • Marginal note: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.

Inspections

Marginal note:Inspectors
  •  (1) The Minister may designate any person as an inspector for the purposes of this Part.

  • Marginal note:Powers of inspectors

    (2) For the purposes of this Part and the regulations, an inspector may

    • (a) 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;

    • (b) take extracts from or make copies of any entry in the books, payrolls and other records mentioned in paragraph (a);

    • (c) 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;

    • (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;

    • (d) require an employee to make full disclosure, production and delivery to the inspector 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

    • (e) 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.

  • Marginal note:Right to enter premises

    (3) An inspector 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.

  • Marginal note:Assistance to inspectors

    (4) The person in charge of any federal work, undertaking or business and every person employed thereon or in connection with the operation thereof shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Part or the regulations.

  • Marginal note:Certificate to be produced

    (5) The Minister shall furnish every inspector with a certificate of his designation as an inspector and on entering any place used in connection with a federal work, undertaking or business an inspector shall, if so required, produce the certificate to the person in charge of that place.

  • Marginal note:Assistance

    (6) An inspector may, in carrying out the inspector’s duties and functions, be accompanied or assisted by such persons as the inspector considers necessary.

  • Marginal note:Evidence in civil suits precluded

    (7) No inspector, and no person who has accompanied or assisted the inspector in carrying out the inspector’s 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 inspector, except with the written permission of the Minister.

  • Marginal note:Inspector not liable

    (8) An inspector is not personally liable for anything done or omitted to be done by the inspector 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.
Marginal note:Administering oaths

 An inspector may administer all oaths and take and receive all affidavits and statutory declarations required with respect to the powers of the inspector set out in subsection 249(2) and certify to the administration, taking or receiving thereof.

  • R.S., c. L-1, s. 64.
Marginal note:Where underpayments found on inspection
  •  (1) Where an inspector 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 inspector 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.

  • Marginal note:Where amount of underpayment agreed to

    (2) Where an inspector determines pursuant to subsection (1) 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 employer, the employer shall, within five days after the date of the agreement, pay the amount

    • (a) to the employee on the direction of the inspector; or

    • (b) to the Minister.

  • Marginal note:Where amount paid to Minister

    (3) Where an employer pays the amount under subsection (2) to the Minister, the Minister shall, forthwith on receipt of the amount, pay it over to the employee who, pursuant to subsection (2), is entitled to the amount.

  • Marginal note: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.

Complaints

Marginal note:Making of complaint
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Suspension of complaint
  •  (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.

  • Marginal note: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.

  • Marginal note:Extension of time

    (3) The inspector may, upon request, extend the time period specified in the notice.

  • Marginal note:End of suspension

    (4) The suspension ends when, in the inspector’s opinion, the measures specified in the notice have been taken.

  • 2012, c. 31, s. 223.
 
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