Canada Labour Code

Marginal note:Offences and punishment

• 256 (1) Every person is guilty of an offence who

  • (a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1) or 252(2) or any regulation made under section 227 or paragraph 264(a);

  • (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

    • (i) has testified or is about to testify in any proceedings or inquiry taken or had under this Part, or

    • (ii) has given any information to the Minister or an inspector regarding the wages, hours of work, annual vacation or conditions of work of an employee.

• Marginal note:Punishment

  (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,

    • (i) for a first offence, to a fine of not more than $50,000,

    • (ii) for a second offence, to a fine of not more than $100,000, and

    • (iii) for each subsequent offence, to a fine of not more than $250,000; and

  • (b) in all other cases,

    • (i) for a first offence, to a fine of not more than $10,000,

    • (ii) for a second offence, to a fine of not more than $20,000, and

    • (iii) for each subsequent offence, to a fine of not more than $50,000.

• 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.

• Marginal note:Idem

  (3) Every employer who

  • (a) fails to keep any record that by subsection 252(2) or any regulation made under paragraph 264(a) 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.