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

Full Document:  

Act current to 2020-06-17 and last amended on 2020-03-25. Previous Versions

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

DIVISION XVIAdministration and General (continued)

General Provisions — Orders (continued)

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

Marginal note:Cooperatives

 For the purposes of section 251.18 and subsection 257(3), cooperatives shall be deemed to be corporations.

  • 1993, c. 42, s. 37

Information and Returns

Marginal note:Information and returns

  •  (1) Every employer shall furnish such information relating to the wages of his employees, their hours of work and their general holidays, annual vacations and conditions of work, and make such returns thereon from time to time as the Minister may require.

  • Marginal note:Records to be kept

    (2) Every employer shall make and keep for a period of at least thirty-six months after work is performed the records required to be kept by regulations made pursuant to paragraph 264(a) and those records shall be available at all reasonable times for examination by an inspector.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply in respect of hours worked by employees who are

    • (a) excluded from the application of Division I under subsection 167(2); or

    • (b) exempt from the application of sections 169 and 171 pursuant to regulations made under paragraph 175(1)(b).

  • R.S., 1985, c. L-2, s. 252
  • R.S., 1985, c. 9 (1st Supp.), s. 18
  • 1993, c. 42, s. 38

Marginal note:Notice to furnish information

  •  (1) Where the Minister is authorized to require a person to furnish information under this Part or the regulations, the Minister may require the information to be furnished by a notice to that effect served by personal service, by registered mail addressed to the latest known address of the addressee, or by any other means prescribed by regulation, and that person

    • (a) if the notice is sent by registered mail, shall be deemed to have received the notice on the seventh day after the day on which it was mailed; and

    • (b) shall furnish the information within such reasonable time as is specified in the notice.

  • Marginal note:Proof of service

    (2) A certificate purporting to be signed by the Minister certifying that a notice was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the notice and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the notice 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:Proof of failure to comply

    (3) Where the Minister is authorized to require a person to furnish information under this Part or the regulations, a certificate of the Minister certifying that the information has not been furnished is admissible in evidence and in the absence of any evidence to the contrary is proof of the statements contained therein.

  • Marginal note:Proof of documents

    (4) A certificate of the Minister certifying that a document annexed thereto is a document or a true copy of the document made by or on behalf of the Minister shall be admitted in evidence and has the same force and effect as if it had been proven in the ordinary way.

  • Marginal note:Proof of authority

    (5) A certificate under this section signed or purporting to be signed by the Minister is admissible in evidence without proof of the Minister’s appointment or signature.

  • Marginal note:Statutory Instruments Act

    (6) The Statutory Instruments Act does not apply in respect of notices referred to in subsection (1).

  • R.S., 1985, c. L-2, s. 253
  • 1993, c. 42, s. 39
  • 2017, c. 20, s. 374

Marginal note:Pay statement

  •  (1) An employer shall, at the time of making any payment of wages to an employee, furnish the employee with a statement in writing setting out

    • (a) the period for which the payment is made;

    • (b) the number of hours for which the payment is made;

    • (c) the rate of wages;

    • (d) details of the deductions made from the wages; and

    • (e) the actual sum being received by the employee.

  • Marginal note:Exemption

    (2) The Minister may, by order, exempt any employer from any or all of the requirements of subsection (1).

  • R.S., c. L-1, s. 68

Deductions

Marginal note:General rule

  •  (1) No employer shall make deductions from wages or other amounts due to an employee, except as permitted by or under this section.

  • Marginal note:Permitted deductions

    (2) The permitted deductions are

    • (a) those required by a federal or provincial Act or regulations made thereunder;

    • (b) those authorized by a court order or a collective agreement or other document signed by a trade union on behalf of the employee;

    • (c) amounts authorized in writing by the employee;

    • (d) overpayments of wages by the employer; and

    • (e) other amounts prescribed by regulation.

  • Marginal note:Damage or loss

    (3) Notwithstanding paragraph (2)(c), no employer shall, pursuant to that paragraph, make a deduction in respect of damage to property, or loss of money or property, if any person other than the employee had access to the property or money in question.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations prescribing:

    • (a) deductions that an employer is permitted to make in addition to those permitted by this section; and

    • (b) the manner in which the deductions permitted by this section may be made by the employer.

  • 1993, c. 42, s. 40
 
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