PART IIIStandard Hours, Wages, Vacations and Holidays (continued)
DIVISION XVIAdministration and General (continued)
Information and Returns (continued)
Marginal note:Notice to furnish information
253 (1) Where the Head is authorized to require a person to furnish information under this Part or the regulations, the Head 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
Marginal note:Proof of service
(2) A certificate purporting to be signed by the Head 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 Head is authorized to require a person to furnish information under this Part or the regulations, a certificate of the Head 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 in it.
Marginal note:Proof of documents
(4) A certificate of the Head certifying that a document annexed to it is a document or a true copy of the document made by or on behalf of the Head 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 Head is admissible in evidence without proof of the Head’s appointment or signature.
Marginal note:Statutory Instruments Act
Marginal note:Pay statement
(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
Marginal note:General rule
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.
(4) The Governor in Council may make regulations prescribing:
- 1993, c. 42, s. 40
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 the Head 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.
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