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

Full Document:  

Act current to 2020-07-15 and last amended on 2020-03-25. Previous Versions

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

DIVISION XVIAdministration and General (continued)

Complaints (continued)

Marginal note:Rejection of complaint

  •  (1) An inspector may reject a complaint made under section 251.01, in whole or in part,

    • (a) if the inspector is satisfied

      • (i) that the complaint is not within their jurisdiction,

      • (ii) that the complaint is frivolous, vexatious or not made in good faith,

      • (iii) that the complaint has been settled in writing between the employer and the employee,

      • (iv) that there are other means available to the employee to resolve the subject-matter of the complaint that the inspector considers should be pursued,

      • (v) that the subject-matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator,

      • (vi) that in respect of a complaint other than a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, there is insufficient evidence to substantiate the complaint, or

      • (vii) that in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject-matter of the complaint and provides a third party dispute resolution process;

    • (b) if consideration of the complaint was suspended under subsection 251.02(1) and if, in the inspector’s opinion, the other measures specified in the notice under subsection 251.02(2) were not taken within the specified time period; or

    • (c) subject to the regulations, if an employee to whom notice is given under subsection (1.1) does not respond within the period set out in the notice.

  • Marginal note:Notice

    (1.1) If the employee does not reply to a written communication from the inspector within a period that the inspector considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, have elapsed from the day on which the complaint was made, the inspector may give written notice to the employee that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to indicate in writing that they wish to pursue their complaint.

  • Marginal note:Notice of rejection of complaint

    (2) If a complaint has been rejected, the inspector shall notify the employee in writing, with reasons.

  • Marginal note:Request for review

    (3) The employee may, within 15 days after the day on which the employee is notified of the rejection, request in writing, with reasons, that the Minister review the inspector’s decision.

  • Marginal note:Review

    (4) The Minister may confirm the inspector’s decision, or rescind it and direct an inspector to deal with the complaint.

  • Marginal note:Notice of Minister’s decision

    (5) The Minister shall notify the employee in writing of the Minister’s decision.

  • Marginal note:Review is final

    (6) The Minister’s confirmation or rescission is final and conclusive and is not subject to appeal to or review by any court.

  • 2012, c. 31, s. 223
  • 2017, c. 26, s. 16
  • 2018, c. 27, s. 500

Recovery of Wages

Marginal note:Payment order

  •  (1) Where an inspector finds that an employer has not paid an employee wages or other amounts to which the employee is entitled under this Part, the inspector may issue a written payment order to the employer, or, subject to section 251.18, to a director of a corporation referred to in that section, ordering the employer or director to pay the amount in question, and the inspector shall send a copy of any such payment order to the employee at the employee’s latest known address.

  • Marginal note:Limitation

    (1.1) A payment order must not relate to wages or other amounts to which the employee is entitled for the period preceding

    • (a) in the case where the employee made a complaint under subsection 251.01(1) that was not rejected under subsection 251.05(1), the 24 months, plus any extension of the period for making the complaint that is granted by the Minister under subsection 251.01(3), immediately before the day on which the complaint was made or, if there was a termination of employment prior to the complaint being made, the 24 months immediately before the date of termination;

    • (a.1) in the case where the payment order was issued to the employer on the basis of, in whole or in part, a report provided under subsection 251.001(1), the 24 months immediately before the day on which the order to provide the report was served; and

    • (b) in any other case, the 24 months immediately before the day on which an inspection under this Part, during the course of which the inspector made the finding referred to in subsection (1), began.

  • (1.2) [Repealed, 2017, c. 20, s. 361]

  • Marginal note:Complaint unfounded

    (2) An inspector dealing with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part shall notify the employee in writing that their complaint is unfounded if the inspector concludes that the employer has paid to the employee all wages and other amounts to which the employee is entitled under this Part for the period of six months, plus any extension of the period for making the complaint that is granted by the Minister under subsection 251.01(3), immediately before the day on which the complaint was made.

  • Marginal note:Notice of voluntary compliance

    (2.1) An inspector dealing with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part shall notify the employee in writing that the employer has voluntarily paid to the employee all wages and other amounts owing if

    • (a) the inspector concludes that the employer has, since the complaint was made, paid to the employee all wages and other amounts owing for the period of 24 months, plus any extension of the period for making the complaint that is granted by the Minister under subsection 251.01(3), immediately before the day on which the complaint was made and for any subsequent period specified by the inspector; and

    • (b) the inspector has not issued a payment order or a notice of unfounded complaint with respect to the complaint.

  • Marginal note:Service of order or notice

    (3) Service of a payment order or a copy of it, of a notice of unfounded complaint, or of a notice of voluntary compliance 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, copy or notice 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

    (4) A certificate purporting to be signed by the Minister certifying that a document referred to in subsection (3) 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.

  • 1993, c. 42, s. 37
  • 2012, c. 31, s. 224
  • 2017, c. 20, s. 361

Inspector’s Orders — Review and Appeal

Marginal note:Request for review

  •  (1) A person who is affected by a payment order, a notice of unfounded complaint or a notice of voluntary compliance 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 and administrative fee

    (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 and, in the case of an employer, the administrative fee specified in the payment order in accordance with subsection 251.131(1), subject to, in the case of a director, the maximum amount of the director’s liability under section 251.18.

  • Marginal note:Security

    (2.1) The Minister may allow an employer or a director of a corporation to give security, in a form satisfactory to the Minister and on any conditions specified by the Minister, for all or part of the amount and fee referred to in subsection (2).

  • Marginal note:Review

    (3) On receipt of the request for review, the Minister may, in writing,

    • (a) confirm, rescind or vary, in whole or in part, the payment order; or

    • (b) confirm the notice of unfounded complaint or the notice of voluntary compliance, or rescind the notice, in which case 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 by personal service, by registered mail or by any other means prescribed by regulation on any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance and, in the case of registered mail, the decision 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 decision 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 decision and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the decision 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: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 any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance and shall refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of section 251.12.

  • 2012, c. 31, s. 225
  • 2017, c. 20, s. 363
 
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