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

Full Document:  

Act current to 2019-03-27 and last amended on 2019-03-17. Previous Versions

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

DIVISION XVIAdministration and General (continued)

Recovery of Wages (continued)

Marginal note:Request for review

  •  (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.

  • 2012, c. 31, s. 225.

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, 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.

  • 1993, c. 42, s. 37;
  • 2012, c. 31, s. 225.

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.

Marginal note:Order to debtor of employer

  •  (1) A regional director may issue a written order to a person who is or is about to become indebted to an employer to whom a payment order has been issued under subsection 251.1(1), to pay any amount owing to the employer, up to the amount stated in the payment order, directly to the Minister within fifteen days, in satisfaction of the payment order.

  • Marginal note:Banks, etc.

    (2) For the purposes of this section, a bank or other financial institution that has money on deposit to an employer’s credit shall be deemed to be indebted to that employer.

  • 1993, c. 42, s. 37.

Marginal note:Deposit of moneys

  •  (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:Record

    (2) The Minister shall maintain a detailed record of all transactions relating to the account.

  • 1993, c. 42, s. 37;
  • 2012, c. 31, s. 227.

Marginal note:Enforcement of orders

  •  (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.

  • Marginal note:Idem

    (2) After the expiration of the fifteen day period specified in an order to a debtor of the employer made under subsection 251.13(1), the regional director may file a copy of the order in the Federal Court.

  • Marginal note:Registration of orders

    (3) On the filing of a copy of an order in the Federal Court under subsection (1) or (2), the order shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the order were a judgment obtained in that Court.

  • 1993, c. 42, s. 37;
  • 2012, c. 31, s. 228.
 
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