Jobs and Growth Act, 2012 (S.C. 2012, c. 31)

Assented to 2012-12-14

Marginal note:1993, c. 42, s. 37

 Section 251.11 of the Act is replaced by the following:

Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note: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.

  • Marginal note:Grounds of appeal

    (2) The request for appeal shall contain a statement of the grounds of appeal.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:1993, c. 42, s. 37
  •  (1) Subsection 251.12(1) of the Act is replaced by the following:

    Marginal note: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).

  • Marginal note: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;

Marginal note:1993, c. 42, s. 37

 Subsection 251.14(1) of the Act is replaced by the following:

Marginal note: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.

Marginal note:1993, c. 42, s. 37

 Subsection 251.15(1) of the Act is replaced by the following:

Marginal note: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.

  • Marginal note: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.

 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

Transitional Provisions

Marginal note:Complaints, notices and payment orders

 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).

Marginal note:Payment orders and notices

 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.

Coming into Force

Marginal note:Order in council
  •  (1) Section 219 comes into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (2) Sections 220 to 222 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (3) Sections 223, 224, 229 and 230 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (4) Sections 225 to 228 and 231 come into force on a day to be fixed by order of the Governor in Council.

Division 11R.S., c. M-6Merchant Seamen Compensation Act

Amendments to the Act

 The definition “Board” in subsection 2(1) of the Merchant Seamen Compensation Act is repealed.

 The heading before section 3 and sections 3 and 4 of the Act are repealed.

 Subsections 6(2) and (3) of the Act are replaced by the following:

  • Marginal note:Notice of election

    (2) Notice of an election under subsection (1) shall be given to the Minister within three months after the happening of an accident or, if an accident results in death, within three months after the death or within any longer period that, either before or after the expiry of the three months, the Minister may allow.

  • Marginal note:Waiver of all claims

    (3) No compensation is payable in respect of any accident mentioned in subsection (1) unless the seaman or their dependants submit to the Minister, in a form approved by the Minister, a waiver of all claims for compensation under the foreign law referred to in that subsection.

 Sections 9 and 10 of the Act are replaced by the following:

Marginal note:Deductions

9. Except with the Minister’s approval, the amount of compensation payable under this Act is not subject to any deduction or abatement by reason of, on account of or in respect of any matter or thing whatever except in respect of any sums of money that have been paid by the employer to a seaman on account of an injury received by the seaman, which sum or sums shall be deducted from the amount of the compensation.

Marginal note:Amount not to be assigned, etc.

10. Except with the Minister’s approval, the amount of compensation payable under this Act is not capable of being assigned, charged or attached and shall not pass to any other person by operation of law nor shall any claim be set off against it, including, in Quebec, by way of compensation.

 
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