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

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Act current to 2019-05-07 and last amended on 2019-04-01. Previous Versions

PART IIIStandard Hours, Wages, Vacations and Holidays (continued)

DIVISION XV.3Genetic Testing (continued)

Marginal note:Complaint to inspector

  •  (1) An employee who alleges that an employer has taken action against the employee in contravention of subsection 247.98(4) may make a complaint in writing to an inspector.

  • Marginal note:Time for making complaint

    (2) Subject to subsection (3), the complaint shall be made to the inspector not later than 90 days after the date on which the complainant knew, or in the inspector’s opinion ought to have known, of the action or circumstances giving rise to the complaint.

  • Marginal note:Extension of time

    (3) The Minister may extend the period of time referred to in subsection (2) if the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the employee making the complaint believed the official had that authority.

  • Marginal note:Inspector to assist parties

    (4) On receipt of a complaint made under subsection (1), an inspector shall endeavour to assist the parties to the complaint to settle the complaint or cause another inspector to do so.

  • Marginal note:Where complaint not settled within reasonable time

    (5) Where a complaint is not settled under subsection (4) within such period as the inspector endeavouring to assist the parties pursuant to that subsection considers to be reasonable in the circumstances, the inspector shall, on the written request of the employee who made the complaint that the complaint be referred to an adjudicator under subsection (6),

    • (a) report to the Minister that the endeavour to assist the parties to settle the complaint has not succeeded; and

    • (b) deliver to the Minister the complaint made under subsection (1) and any other statements or documents the inspector has that relate to the complaint.

  • Marginal note:Reference to adjudicator

    (6) The Minister may, on receipt of a report pursuant to subsection (5), appoint any person that the Minister considers appropriate as an adjudicator to hear and adjudicate on the complaint in respect of which the report was made, and refer the complaint to the adjudicator.

  • Marginal note:Decision of adjudicator

    (7) An adjudicator to whom a complaint has been referred under subsection (6) shall

    • (a) consider whether the employer has contravened subsection 247.98(4) and render a decision on it; and

    • (b) send a copy of the decision with the reasons for the decision to each party to the complaint and to the Minister.

  • Marginal note:Orders

    (8) If an adjudicator decides pursuant to subsection (7) that an employer has contravened subsection 247.98(4), the adjudicator may, by order, require the employer to cease contravening that subsection and may, if applicable, by order, require the employer to

    • (a) permit the employee to return to the duties of their employment;

    • (b) reinstate the former employee;

    • (c) pay to the employee or former employee compensation not exceeding the sum that, in the adjudicator’s opinion, is equivalent to the remuneration that would, but for the contravention, have been paid by the employer to the employee or former employee;

    • (d) rescind any disciplinary action taken in respect of the contravention and pay compensation to the employee, not exceeding the sum that, in the adjudicator’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer; and

    • (e) do any other like thing that it is equitable to require the employer to do in order to remedy or counteract any consequences of the contravention.

  • Marginal note:Application of provisions

    (9) Subsection 242(2) applies to a complaint that has been referred to an adjudicator under subsection (6), sections 243 and 244 apply to an order of an adjudicator under subsection (8), and subsection 246(1) applies to an employee who makes a complaint under subsection (1), with any necessary modifications.

  • 2017, c. 3, s. 8

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:For greater certainty

    (1.1) For greater certainty, the inspector 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 inspector to examine, take extracts from or make copies of such a record — the inspector 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) 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
  • 2017, c. 20, s. 357
  • 2018, c. 27, s. 507
 
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