PART IIIStandard Hours, Wages, Vacations and Holidays (continued)
DIVISION XV.3Genetic Testing (continued)
Marginal note:Order final
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 Head 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.
(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.
247.992 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(c) prescribing the circumstances under which a complaint is not to be deemed to be withdrawn under subsection 247.99(6.1); and
(d) prescribing the conditions that are to be met before a complaint may be deemed to be withdrawn under subsection 247.99(6.1).
DIVISION XVIAdministration and General
Marginal note:Powers on an inquiry
- R.S., c. L-1, s. 62
249 (1) Subject to any terms and conditions specified by the Minister, the Head may delegate to any qualified person or class of persons any of the powers the Head is authorized to exercise or any of the duties or functions the Head is authorized to perform for the purposes of this Part. The Head may make the delegation subject to any terms and conditions that the Head considers appropriate.
Marginal note:Certificate to be produced
(1.1) The Head shall furnish to every person to whom powers, duties or functions are delegated under subsection (1) a certificate of authority and, when entering any place used in connection with a federal work, undertaking or business the person, shall, when requested, show the certificate to the person in charge of that place.
Marginal note:Powers of Head
(2) For the purposes of this Part and the regulations, the Head 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 Head 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) The Head 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:Reasonable assistance
(4) The person in charge of any federal work, undertaking or business and every person employed in it or in connection with its operation shall give the Head all reasonable assistance to enable the Head to carry out the Head’s duties and functions under this Part or the regulations.
Marginal note:Head accompanied
(5) The Head may, in carrying out the Head’s duties and functions, be accompanied or assisted by any persons that the Head considers necessary.
Marginal note:Evidence precluded — Head
(6) The Head shall not 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.
Marginal note:Evidence precluded — other persons
(7) No person to whom powers, duties or functions have been delegated under subsection (1), and no person who has accompanied or assisted such a person or the Head in carrying out their 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 person, except with the written permission of the Head.
Marginal note:Not liable
(8) Neither the Head nor a person to whom powers, duties or functions have been delegated under subsection (1) is personally liable for anything done or omitted to be done by them 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
- 2018, c. 27, s. 587
Marginal note:Administering oaths
250 The Head may administer all oaths and take and receive all affidavits and statutory declarations required with respect to the Head’s powers set out in subsection 249(2) and certify to the administration, taking or receiving of them.
- R.S., 1985, c. L-2, s. 250
- 2018, c. 27, s. 588
Marginal note:Where underpayments found on inspection
251 (1) If the Head 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 Head 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 Head 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 Head to examine, take extracts from or make copies of such a record — the Head 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) If, under subsection (1), the Head determines 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 or her employer, the employer must, within five days after the date of the agreement, pay the amount
Marginal note:Where amount paid to Head
(3) If an employer pays the amount under subsection (2) to the Head, the Head must, without delay after receiving it, pay it over to the employee who 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).
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