PART IIIStandard Hours, Wages, Vacations and Holidays (continued)
DIVISION XVIAdministration and General (continued)
Combining Federal Works, Undertakings and Businesses
Marginal note:Orders of Minister combining federal works, undertakings and businesses
255 (1) Where associated or related federal works, undertakings and businesses are operated by two or more employers having common control or direction, the Minister may, after affording to the employers a reasonable opportunity to make representations, by order, declare that for all purposes of this Part the employers and the federal works, undertakings and businesses operated by them that are specified in the order are, respectively, a single employer and a single federal work, undertaking or business.
(2) Where an order is made under subsection (1), the employers to which it applies are jointly and severally liable to the employees employed in the federal works, undertakings and businesses to which the order applies for overtime pay, vacation pay, holiday pay and other wages or amounts to which the employees are entitled under this Part.
- R.S., c. 17(2nd Supp.), s. 17
- 1977-78, c. 27, s. 25
Offences and Punishment
Marginal note:Offences and punishment
(a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1), 251.001(9) or 252(2) or any regulation made under section 227 or paragraph 264(1)(a) or (a.1);
(b) contravenes any order made under this Part or the regulations; or
(c) discharges, threatens to discharge or otherwise discriminates against a person because that person
(1.1) Every person who is guilty of an offence under subsection (1) is liable on summary conviction
(a) in the case of an employer that is a corporation,
(b) in all other cases,
Marginal note:Second or subsequent offence
(1.2) For the purposes of subsection (1.1), in determining whether a person convicted of an offence has committed a second or subsequent offence, an earlier offence may be taken into account only if the person was convicted of the earlier offence within the five-year period immediately before the day on which the person is convicted of the offence for which sentence is being imposed.
Marginal note:Offences — employers
(2) Every employer that contravenes any provision of Division IX, subsection 239.1(2) or 239.2(1) or any regulation made under section 227 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000.
(3) Every employer who
(a) fails to keep any record that, by subsection 252(2) or any regulation made under paragraph 264(1)(a) or (a.1), the employer is required to keep, or
(b) refuses to make available for examination by an inspector at any reasonable time any such record kept by the employer,
is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 for each day during which the refusal or failure continues.
- R.S., 1985, c. L-2, s. 256
- R.S., 1985, c. 9 (1st Supp.), s. 19
- 2012, c. 19, s. 436
- 2015, c. 36, s. 91
- 2017, c. 20, s. 375
- 2017, c. 20, s. 400
Marginal note:Limitation period
(2) Proceedings in respect of an offence under this Part may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose.
Marginal note:Minister’s consent required
(3) No proceeding against a director of a corporation in respect of an offence under this Part shall be instituted except with the consent of the Minister.
- R.S., 1985, c. L-2, s. 257
- 1993, c. 42, s. 41
Marginal note:Order to pay arrears of wages
258 (1) Where an employer has been convicted of an offence under this Part in respect of any employee, the convicting court shall, in addition to any other punishment, order the employer to pay to the employee any overtime pay, vacation pay, holiday pay or other wages or amounts to which the employee is entitled under this Part the non-payment or insufficient payment of which constituted the offence for which the employer was convicted.
Marginal note:Reinstatement of pay and position
(2) Where an employer has been convicted of an offence under this Part in respect of the discharge of an employee, the convicting court may, in addition to any other punishment, order the employer
(a) to pay compensation for loss of employment to the employee not exceeding such sum as in the opinion of the court is equivalent to the wages that would have accrued to the employee up to the date of conviction but for such discharge; and
(b) to reinstate the employee in his employ at such date as in the opinion of the court is just and proper in the circumstances and in the position that the employee would have held but for such discharge.
Marginal note:When inaccurate records kept
(3) In determining the amount of wages or overtime for the purposes of subsection (1), if the convicting court finds that the employer has not kept accurate records as required by this Part or the regulations, the employee affected shall be conclusively presumed to have been employed for the maximum number of hours a week allowed under this Part and to be entitled to the full weekly wage therefor.
- R.S., c. L-1, s. 71
- 1977-78, c. 27, s. 27
Marginal note:Failure to comply with order
259 An employer that fails to comply with an order of a convicting court made under section 258 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $1,000 for each day during which the failure continues.
- R.S., 1985, c. L-2, s. 259
- R.S., 1985, c. 9 (1st Supp.), s. 20
- 2012, c. 19, s. 437
Marginal note:Imprisonment precluded in certain cases
259.1 (1) Where a person is convicted of an offence under this Part punishable on summary conviction, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment.
Marginal note:Recovery of penalties
(2) Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.
- R.S., 1985, c. 9 (1st Supp.), s. 20
Marginal note:Identity of complainants
(a) the disclosure is necessary for the purposes of a prosecution;
(b) the Minister determines that the disclosure is in the public interest; or
(c) an inspector determines that the disclosure is necessary for the investigation of the complaint to be carried out and the complainant consents to the disclosure in writing.
(2) If a determination is made under paragraph (1)(c) and the complainant refuses to provide their consent after being requested to do so in writing, the inspector may deem the complaint to be withdrawn.
- R.S., 1985, c. L-2, s. 260
- 2018, c. 27, s. 503
- Date modified: