PART IIIStandard Hours, Wages, Vacations and Holidays (continued)
DIVISION XVIAdministration and General
Marginal note:Powers on an inquiry
- R.S., c. L-1, s. 62
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.
(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
250 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
251 (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.
(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
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
Marginal note:Internal audit order
251.001 (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,
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.
(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
- Date modified: