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)

Recovery of Wages

Marginal note:Payment order

  •  (1) Where an inspector finds that an employer has not paid an employee wages or other amounts to which the employee is entitled under this Part, the inspector may issue a written payment order to the employer, or, subject to section 251.18, to a director of a corporation referred to in that section, ordering the employer or director to pay the amount in question, and the inspector shall send a copy of any such payment order to the employee at the employee’s latest known address.

  • Marginal note:Limitation

    (1.1) A payment order must not relate to wages or other amounts to which the employee is entitled for the period preceding

    • (a) in the case where the employee made a complaint under subsection 251.01(1) that was not rejected under subsection 251.05(1), the 24 months, plus any extension of the period for making the complaint that is granted by the Minister under subsection 251.01(3), immediately before the day on which the complaint was made or, if there was a termination of employment prior to the complaint being made, the 24 months immediately before the date of termination;

    • (a.1) in the case where the payment order was issued to the employer on the basis of, in whole or in part, a report provided under subsection 251.001(1), the 24 months immediately before the day on which the order to provide the report was served; and

    • (b) in any other case, the 24 months immediately before the day on which an inspection under this Part, during the course of which the inspector made the finding referred to in subsection (1), began.

  • (1.2) [Repealed, 2017, c. 20, s. 361]

  • Marginal note:Complaint unfounded

    (2) An inspector dealing with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part shall notify the employee in writing that their complaint is unfounded if the inspector concludes that the employer has paid to the employee all wages and other amounts to which the employee is entitled under this Part for the period of six months, plus any extension of the period for making the complaint that is granted by the Minister under subsection 251.01(3), immediately before the day on which the complaint was made.

  • Marginal note:Notice of voluntary compliance

    (2.1) An inspector dealing with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part shall notify the employee in writing that the employer has voluntarily paid to the employee all wages and other amounts owing if

    • (a) the inspector concludes that the employer has, since the complaint was made, paid to the employee all wages and other amounts owing for the period of 24 months, plus any extension of the period for making the complaint that is granted by the Minister under subsection 251.01(3), immediately before the day on which the complaint was made and for any subsequent period specified by the inspector; and

    • (b) the inspector has not issued a payment order or a notice of unfounded complaint with respect to the complaint.

  • Marginal note:Service of order or notice

    (3) Service of a payment order or a copy of it, of a notice of unfounded complaint, or of a notice of voluntary compliance 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, copy or notice 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

    (4) A certificate purporting to be signed by the Minister certifying that a document referred to in subsection (3) 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.

  • 1993, c. 42, s. 37
  • 2012, c. 31, s. 224
  • 2017, c. 20, s. 361

Inspector’s Orders — Review and Appeal

Marginal note:Request for review

  •  (1) A person who is affected by a payment order, a notice of unfounded complaint or a notice of voluntary compliance 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 and administrative fee

    (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 and, in the case of an employer, the administrative fee specified in the payment order in accordance with subsection 251.131(1), subject to, in the case of a director, the maximum amount of the director’s liability under section 251.18.

  • Marginal note:Security

    (2.1) The Minister may allow an employer or a director of a corporation to give security, in a form satisfactory to the Minister and on any conditions specified by the Minister, for all or part of the amount and fee referred to in subsection (2).

  • Marginal note:Review

    (3) On receipt of the request for review, the Minister may, in writing,

    • (a) confirm, rescind or vary, in whole or in part, the payment order; or

    • (b) confirm the notice of unfounded complaint or the notice of voluntary compliance, or rescind the notice, in which case 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 by personal service, by registered mail or by any other means prescribed by regulation on any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance and, in the case of registered mail, the decision 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 decision 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 decision and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the decision 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: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 any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance, and the request for review shall be considered to be an appeal for the purposes of section 251.12.

  • 2012, c. 31, s. 225
  • 2017, c. 20, s. 363

Marginal note:Appeal

  •  (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 or a notice of voluntary compliance, 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 and administrative fee

    (3) An employer or director of a corporation is not permitted to appeal a decision confirming or varying a payment order unless the employer or director pays to the Minister the amount indicated in the decision — and, in the case of an employer, the administrative fee specified in the decision in accordance with subsection 251.131(1) — less any amount and administrative fee paid under subsection 251.101(2).

  • Marginal note:Security

    (3.1) The Minister may allow an employer or a director of a corporation to give security, in a form satisfactory to the Minister and on any conditions specified by the Minister, for all or part of the amount and fee referred to in subsection (3).

  • 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.

  • 1993, c. 42, s. 37
  • 2012, c. 31, s. 225
  • 2017, c. 20, s. 364

Marginal note:Appointment of referee

  •  (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:Powers of referee

    (2) A referee to whom an appeal has been referred by the Minister

    • (a) may summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce such documents and things as the referee deems necessary to deciding the appeal;

    • (b) may administer oaths and solemn affirmations;

    • (c) may receive and accept such evidence and information on oath, affidavit or otherwise as the referee sees fit, whether or not admissible in a court of law;

    • (d) may determine the procedure to be followed, but shall give full opportunity to the parties to the appeal to present evidence and make submissions to the referee, and shall consider the information relating to the appeal; and

    • (e) may make a party to the appeal any person who, or any group that, in the referee’s opinion, has substantially the same interest as one of the parties and could be affected by the decision.

  • Marginal note:Time frame

    (3) The referee shall consider an appeal and render a decision within such time as the Governor in Council may, by regulation, prescribe.

  • Marginal note:Referee’s decision

    (4) The referee may make any order that is necessary to give effect to the referee’s decision and, without limiting the generality of the foregoing, the referee may, by order,

    • (a) confirm, rescind or vary, in whole or in part, the decision being appealed;

    • (b) direct payment to any specified person of any money held in trust by the Receiver General that relates to the appeal; and

    • (c) award costs in the proceedings.

  • Marginal note:Copies of decision to be sent

    (5) The referee shall send a copy of the decision, and of the reasons therefor, to each party to the appeal and to the Minister.

  • Marginal note:Order final

    (6) The referee’s order is final and shall not be questioned or reviewed in any court.

  • Marginal note:No review by certiorari, etc.

    (7) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain a referee in any proceedings of the referee under this section.

  • 1993, c. 42, s. 37
  • 2012, c. 31, s. 226
 
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