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

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Act current to 2019-06-20 and last amended on 2019-04-01. Previous Versions

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

DIVISION XVIAdministration and General (continued)

Internal Audit

Marginal note:Internal audit order

  •  (1) Subject to the regulations, the Minister 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 Minister and to any inspector named in the order.

  • Marginal note:Contents of order

    (2) The Minister 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 Minister may also specify in the order that the report is to contain any information that the Minister 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 Minister 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.

  • 2017, c. 20, s. 358

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

Marginal note:Inspector to assist parties

 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.

  • 2012, c. 31, s. 223

Marginal note:Settlement of amounts due

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • 2012, c. 31, s. 223

Marginal note:Rejection of complaint

  •  (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 between the employer and the employee,

      • (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.

  • Marginal note:Notice of rejection of complaint

    (2) If a complaint has been rejected, the inspector shall notify the employee in writing, with reasons.

  • Marginal note: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.

  • Marginal note:Review

    (4) The Minister may confirm the inspector’s decision, or rescind it and direct an inspector to deal with the complaint.

  • Marginal note:Notice of Minister’s decision

    (5) The Minister shall notify the employee in writing of the Minister’s decision.

  • Marginal note: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. 223
  • 2017, c. 26, s. 16
 
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