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

Full Document:  

Act current to 2019-11-19 and last amended on 2019-09-01. Previous Versions

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

DIVISION XVIAdministration and General (continued)

Inspector’s Orders — Review and Appeal (continued)

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

Marginal note:Enforcement of orders

  •  (1) Any person who is affected by a payment order issued under subsection 251.1(1) or confirmed or varied under subsection 251.101(3) or by an order of the Board made under subsection 251.12(1), or the Minister, may, after the day provided in the order for compliance or after 15 days following the day on which the order is issued, made, confirmed or varied, whichever is later, file in the Federal Court a copy of the payment order, or a copy of the order of the Board, exclusive of reasons.

  • Marginal note:Limitation

    (1.1) However, a payment order is not to be filed while it is or may be the subject of a review under subsection 251.101(1) or an appeal under subsection 251.101(7) or section 251.11 or if an order of the Board is made under paragraph 251.12(1)(a) relating to the payment order.

  • Marginal note:Enforcement of orders to debtors

    (2) After the expiration of the 15 day period specified in an order to a debtor of the employer or of the director of a corporation made under section 251.13, the regional director may file a copy of the order in the Federal Court.

  • Marginal note:Registration of orders

    (3) On the filing of a copy of an order in the Federal Court under subsection (1) or (2), the order shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the order were a judgment obtained in that Court.

  • 1993, c. 42, s. 37
  • 2012, c. 31, s. 228
  • 2017, c. 20, s. 368

Marginal note:Regulations

 The Governor in Council may make regulations respecting the operation of sections 251.001, 251.1, 251.101 and 251.13 to 251.15.

  • 1993, c. 42, s. 37
  • 2017, c. 20, s. 369
  • 2017, c. 20, s. 370

Marginal note:Statutory Instruments Act

 The Statutory Instruments Act does not apply in respect of internal audit orders, payment orders, notices of unfounded complaint, notices of voluntary compliance or orders to debtors.

  • 1993, c. 42, s. 37
  • 2017, c. 20, s. 371
  • 2017, c. 20, s. 372

Marginal note:Civil liability of directors

 Directors of a corporation are jointly and severally liable for wages and other amounts to which an employee is entitled under this Part, to a maximum amount equivalent to six months’ wages, to the extent that

  • (a) the entitlement arose during the particular director’s incumbency; and

  • (b) recovery of the amount from the corporation is impossible or unlikely.

  • 1993, c. 42, s. 37
 
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