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

Full Document:  

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

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

DIVISION XVIAdministration and General (continued)

Information and Returns (continued)

Marginal note:Pay statement

  •  (1) An employer shall, at the time of making any payment of wages to an employee, furnish the employee with a statement in writing setting out

    • (a) the period for which the payment is made;

    • (b) the number of hours for which the payment is made;

    • (c) the rate of wages;

    • (d) details of the deductions made from the wages; and

    • (e) the actual sum being received by the employee.

  • Marginal note:Exemption

    (2) The Minister may, by order, exempt any employer from any or all of the requirements of subsection (1).

  • R.S., c. L-1, s. 68

Deductions

Marginal note:General rule

  •  (1) No employer shall make deductions from wages or other amounts due to an employee, except as permitted by or under this section.

  • Marginal note:Permitted deductions

    (2) The permitted deductions are

    • (a) those required by a federal or provincial Act or regulations made thereunder;

    • (b) those authorized by a court order or a collective agreement or other document signed by a trade union on behalf of the employee;

    • (c) amounts authorized in writing by the employee;

    • (d) overpayments of wages by the employer; and

    • (e) other amounts prescribed by regulation.

  • Marginal note:Damage or loss

    (3) Notwithstanding paragraph (2)(c), no employer shall, pursuant to that paragraph, make a deduction in respect of damage to property, or loss of money or property, if any person other than the employee had access to the property or money in question.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations prescribing:

    • (a) deductions that an employer is permitted to make in addition to those permitted by this section; and

    • (b) the manner in which the deductions permitted by this section may be made by the employer.

  • 1993, c. 42, s. 40

Combining Federal Works, Undertakings and Businesses

Marginal note:Orders of Minister combining federal works, undertakings and businesses

  •  (1) Where associated or related federal works, undertakings and businesses are operated by two or more employers having common control or direction, the Minister may, after affording to the employers a reasonable opportunity to make representations, by order, declare that for all purposes of this Part the employers and the federal works, undertakings and businesses operated by them that are specified in the order are, respectively, a single employer and a single federal work, undertaking or business.

  • Marginal note:Idem

    (2) Where an order is made under subsection (1), the employers to which it applies are jointly and severally liable to the employees employed in the federal works, undertakings and businesses to which the order applies for overtime pay, vacation pay, holiday pay and other wages or amounts to which the employees are entitled under this Part.

  • R.S., c. 17(2nd Supp.), s. 17
  • 1977-78, c. 27, s. 25

Offences and Punishment

Marginal note:Offences and punishment

  •  (1) Every person is guilty of an offence who

    • (a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1), 251.001(9) or 252(2) or any regulation made under section 227 or paragraph 264(a);

    • (b) contravenes any order made under this Part or the regulations; or

    • (c) discharges, threatens to discharge or otherwise discriminates against a person because that person

      • (i) has testified or is about to testify in any proceedings or inquiry taken or had under this Part, or

      • (ii) has given any information to the Minister or an inspector regarding the wages, hours of work, annual vacation or conditions of work of an employee.

  • Marginal note:Punishment

    (1.1) Every person who is guilty of an offence under subsection (1) is liable on summary conviction

    • (a) in the case of an employer that is a corporation,

      • (i) for a first offence, to a fine of not more than $50,000,

      • (ii) for a second offence, to a fine of not more than $100,000, and

      • (iii) for each subsequent offence, to a fine of not more than $250,000; and

    • (b) in all other cases,

      • (i) for a first offence, to a fine of not more than $10,000,

      • (ii) for a second offence, to a fine of not more than $20,000, and

      • (iii) for each subsequent offence, to a fine of not more than $50,000.

  • Marginal note:Second or subsequent offence

    (1.2) For the purposes of subsection (1.1), in determining whether a person convicted of an offence has committed a second or subsequent offence, an earlier offence may be taken into account only if the person was convicted of the earlier offence within the five-year period immediately before the day on which the person is convicted of the offence for which sentence is being imposed.

  • Marginal note:Offences — employers

    (2) Every employer that contravenes any provision of Division IX, subsection 239.1(2) or 239.2(1) or any regulation made under section 227 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000.

  • Marginal note:Idem

    (3) Every employer who

    • (a) fails to keep any record that by subsection 252(2) or any regulation made under paragraph 264(a) the employer is required to keep, or

    • (b) refuses to make available for examination by an inspector at any reasonable time any such record kept by the employer,

    is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 for each day during which the refusal or failure continues.

  • R.S., 1985, c. L-2, s. 256
  • R.S., 1985, c. 9 (1st Supp.), s. 19
  • 2012, c. 19, s. 436
  • 2017, c. 20, s. 375

Marginal note:Procedure

  •  (1) A complaint or information under this Part may relate to one or more offences by one employer in respect of one or more of his employees.

  • Marginal note:Limitation period

    (2) Proceedings in respect of an offence under this Part may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose.

  • Marginal note:Minister’s consent required

    (3) No proceeding against a director of a corporation in respect of an offence under this Part shall be instituted except with the consent of the Minister.

  • R.S., 1985, c. L-2, s. 257
  • 1993, c. 42, s. 41

Marginal note:Order to pay arrears of wages

  •  (1) Where an employer has been convicted of an offence under this Part in respect of any employee, the convicting court shall, in addition to any other punishment, order the employer to pay to the employee any overtime pay, vacation pay, holiday pay or other wages or amounts to which the employee is entitled under this Part the non-payment or insufficient payment of which constituted the offence for which the employer was convicted.

  • Marginal note:Reinstatement of pay and position

    (2) Where an employer has been convicted of an offence under this Part in respect of the discharge of an employee, the convicting court may, in addition to any other punishment, order the employer

    • (a) to pay compensation for loss of employment to the employee not exceeding such sum as in the opinion of the court is equivalent to the wages that would have accrued to the employee up to the date of conviction but for such discharge; and

    • (b) to reinstate the employee in his employ at such date as in the opinion of the court is just and proper in the circumstances and in the position that the employee would have held but for such discharge.

  • Marginal note:When inaccurate records kept

    (3) In determining the amount of wages or overtime for the purposes of subsection (1), if the convicting court finds that the employer has not kept accurate records as required by this Part or the regulations, the employee affected shall be conclusively presumed to have been employed for the maximum number of hours a week allowed under this Part and to be entitled to the full weekly wage therefor.

  • R.S., c. L-1, s. 71
  • 1977-78, c. 27, s. 27
 
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