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

Full Document:  

Act current to 2020-06-28 and last amended on 2020-03-25. Previous Versions

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

DIVISION XVIAdministration and General (continued)

Inspector’s Orders — Review and Appeal (continued)

Marginal note:Appeal

  •  (1) A person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary compliance, may appeal the decision to the Board, in writing, within 15 days after the day on which the decision is served, but only on a question of law or jurisdiction.

  • Marginal note:Grounds of appeal

    (2) The request for appeal shall contain a statement of the grounds of appeal.

  • Marginal note:Payment of amount and administrative fee

    (3) An employer or director of a corporation is not permitted to appeal a decision confirming or varying a payment order unless the employer or director pays to the Minister the amount indicated in the decision — and, in the case of an employer, the administrative fee specified in the decision in accordance with subsection 251.131(1) — less any amount and administrative fee paid under subsection 251.101(2).

  • Marginal note:Security

    (3.1) 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 (3).

  • Marginal note:Limitation

    (4) In the case of a director, subsection (3) applies subject to the maximum amount of the director’s liability under section 251.18.

  • 1993, c. 42, s. 37
  • 2012, c. 31, s. 225
  • 2017, c. 20, s. 364

Marginal note:Minister informed of appeal

  •  (1) The Board shall inform the Minister in writing when an appeal is brought under subsection 251.11(1) and provide him or her with a copy of the request for appeal.

  • Marginal note:Documents provided to Board — Minister

    (2) In an appeal under this Part, the Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision being appealed.

  • Marginal note:Documents provided to Board — inspector

    (3) In an appeal under subsection 251.101(7), the inspector shall, on request of the Board, provide to the Board a copy of any document that the inspector relied on for the purpose of issuing the order or notice being appealed.

  • Marginal note:Documents provided to Minister

    (4) The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.

  • Marginal note:Power of Minister

    (5) The Minister may, in an appeal under this Part, present evidence and make representations to the Board.

  • 2017, c. 20, s. 365

Marginal note:Board decision

  •  (1) The Board may, in an appeal under this Part, make any order that is necessary to give effect to its decision, including an order to

    • (a) confirm, rescind or vary, in whole or in part, the decision being appealed;

    • (b) direct payment to any specified person of any wages or other amounts held in trust by the Receiver General that relate to the appeal;

    • (c) award costs in the proceedings; and

    • (d) order a party, whose conduct in the proceedings has, in the Board’s opinion, unduly delayed the determination of the appeal, to pay to the Receiver General an amount that is equal to all or part of the expenses incurred in the proceedings by the Board.

  • Marginal note:Copies of decision to be sent

    (2) The Board shall send a copy of the decision, with reasons, to each party to the appeal and to the Minister.

  • Marginal note:Order final

    (3) The order of the Board is final and shall not be questioned or reviewed in any court.

  • Marginal note:No review by certiorari, etc.

    (4) 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 this section.

  • Marginal note:Wages

    (5) An employee who has been summoned by the Board to attend at an appeal proceeding under this Part and who attends is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.

  • Marginal note:Debt to Her Majesty

    (6) The expenses to be paid in accordance with an order issued under paragraph (1)(d) constitute a debt due to Her Majesty in right of Canada and are recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act.

  • 1993, c. 42, s. 37
  • 2012, c. 31, s. 226
  • 2017, c. 20, s. 365

General Provisions — Orders

Marginal note:Order to debtor of employer

  •  (1) A regional director may issue a written order to a person who is or is about to become indebted to an employer to whom a payment order has been issued under subsection 251.1(1) to pay any amount owing to the employer, up to the total of the amount and the administrative fee indicated in the payment order, directly to the Minister within 15 days, in satisfaction of the payment order.

  • Marginal note:Order to debtor of director of corporation

    (1.1) A regional director may issue a written order to a person who is or is about to become indebted to a director of a corporation to whom a payment order has been issued under subsection 251.1(1) to pay any amount owing to the director of the corporation, up to the amount indicated in the payment order, directly to the Minister within 15 days, in satisfaction of the payment order.

  • Marginal note:Banks, etc.

    (2) For the purposes of this section, a bank or other financial institution that has money on deposit to the credit of an employer or a director of a corporation shall be deemed to be indebted to that employer or that director.

  • 1993, c. 42, s. 37
  • 2017, c. 20, s. 366

Marginal note:Administrative fee

  •  (1) A payment order made to an employer under subsection 251.1(1), and any decision made under subsection 251.101(3) or section 251.12 with respect to that payment order ordering the employer to pay wages or other amounts to an employee, shall specify the amount of the administrative fee — which is equal to the greater of $200 and 15% of the amounts indicated in the payment order or decision — that the employer is to pay.

  • Marginal note:Payment

    (2) The employer is liable only for the administrative fee that is specified in a final decision and shall pay it — less any administrative fee paid under subsection 251.101(2) or 251.11(3) — to the Minister. In the case of any overpayment, the employer is entitled to its reimbursement.

  • Marginal note:Debt to Her Majesty

    (3) An administrative fee constitutes a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act, including under subsection 251.13(1) and section 251.15.

  • 2017, c. 20, s. 366

Marginal note:Return of security

 The Minister, after a final decision has been made in respect of which security was given,

  • (a) may apply, in whole or in part, the security given under subsection 251.101(2.1) or 251.11(3.1) toward any amounts — and, if the security was given by an employer, any administrative fee — owing under the final decision by the employer or a director of a corporation who gave the security; and

  • (b) shall return the security or, if it was applied under paragraph (a), any part that remains after the amounts and, in the case of an employer, the administrative fee have been paid.

  • 2017, c. 20, s. 366

Marginal note:Deposit of moneys

  •  (1) If the Minister receives moneys under this Division, the Minister shall deposit those moneys to the credit of the Receiver General in the account known as the “Labour Standards Suspense Account” or in any other special account created for the purposes of this section and may authorize payments out of that account to any employee or other person who is entitled to that money.

  • Marginal note:Consolidated Revenue Fund

    (1.1) The moneys that are equal to the administrative fees paid to the Minister under this Part with respect to matters that are the subject of a final decision shall be debited from the account referred to in subsection (1) and credited to the Consolidated Revenue Fund no later than the fiscal year following the fiscal year in which the final decision is made.

  • Marginal note:Record

    (2) The Minister shall maintain a detailed record of all transactions relating to the account.

  • 1993, c. 42, s. 37
  • 2012, c. 31, s. 227
  • 2017, c. 20, s. 367
 
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