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

Marginal note:Regulations

247.992 For the purposes of this Division, the Governor in Council may make regulations

• (a) prescribing circumstances for the purposes of paragraph 247.99(3)(b);

• (b) prescribing periods for the purposes of subsection 247.99(6);

• (c) prescribing the circumstances under which a complaint is not to be deemed to be withdrawn under subsection 247.99(6.1); and

• (d) prescribing the conditions that are to be met before a complaint may be deemed to be withdrawn under subsection 247.99(6.1).

DIVISION XVIAdministration and General

Inquiries

Marginal note:Inquiries

• 248 (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.

Inspections

Marginal note:Delegation

• 249 (1) 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.

• Marginal note: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.

• Marginal note:Powers of Head

  (2) For the purposes of this Part and the regulations, the Head 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 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

  • (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) 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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Administering oaths

250 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.

Marginal note:Where underpayments found on inspection

• 251 (1) 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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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

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

  • (b) to the Head.

• Marginal note: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.

• 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).

Internal Audit

Marginal note:Internal audit order

• 251.001 (1) 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,

  • (a) 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

  • (b) provide a report of the results of the audit to the Head.

• Marginal note:Contents of order

  (2) The Head shall, in the internal audit order, specify

  • (a) any industrial establishment and class of employees to which it applies;

  • (b) the period of time to be covered by the internal audit;

  • (c) the provisions of this Part or the regulations with respect to which the internal audit was ordered;

  • (d) the date by which the employer is to provide the report; and

  • (e) the form of the report.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:False information

  (9) No employer shall make a false or misleading statement in a report.

Complaints

Marginal note:Making of complaint

• 251.01 (1) Any employee may make a complaint in writing to the Head 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 Head may, subject to the regulations, extend the period set out in subsection (2)

  • (a) 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;

  • (b) in any circumstances prescribed by regulation; or

  • (c) in the conditions prescribed by regulation.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• 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).

Marginal note:Suspension of complaint

• 251.02 (1) 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.

• Marginal note:Notice

  (2) If the Head suspends consideration of a complaint, the Head 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 Head may, upon request, extend the time period specified in the notice.

• Marginal note:End of suspension

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