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

Full Document:  

Act current to 2020-11-17 and last amended on 2020-10-02. Previous Versions

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

DIVISION XV.3Genetic Testing (continued)

Marginal note:Order final

  •  (1) Every order of the Board is final and shall not be questioned or reviewed in any court.

  • Marginal note:No review by certiorari, etc.

    (2) 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 the Board in any proceedings under section 247.99.

  • Marginal note:Enforcement of orders

    (3) Any person affected by an order of the Board under subsection 247.99(8), or the Minister on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file a copy of the order in the Federal Court, exclusive of reasons.

  • Marginal note:Registration

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

  • Marginal note:Civil remedy

    (5) The making of a complaint under subsection 247.99(1) does not suspend or affect an employee’s civil remedies against their employer.

  • 2018, c. 27, s. 497

Marginal note:Regulations

 For the purposes of this Division, the Governor in Council may make regulations

  • (a) prescribing circumstances for the purposes of paragraph 247.99(3)(b);

  • (b) prescribing periods for the purposes of subsection 247.99(6);

  • (c) prescribing the circumstances under which a complaint is not to be deemed to be withdrawn under subsection 247.99(6.1); and

  • (d) prescribing the conditions that are to be met before a complaint may be deemed to be withdrawn under subsection 247.99(6.1).

  • 2018, c. 27, s. 497

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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