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

Orders — Review and Appeal

Marginal note:Request for review

• 251.101 (1) An employer to whom a compliance order has been issued or a person who is affected by a payment order, a notice of unfounded complaint or a notice of voluntary compliance may send a written request with reasons to the Head for a review of the Head’s decision

  • (a) subject to paragraph (b), within 15 days after the day on which the order or a copy of the order or the notice is served; or

  • (b) if a compliance order is served with a notice of violation issued under subsection 276(1) for the same contravention, within 30 days after the day on which they are served.

• Marginal note:Payment of amount and administrative fee

  (2) An employer or a director of a corporation is not permitted to request a review of a payment order unless the employer or director pays to the Head the amount indicated in the payment order and, in the case of an employer, the administrative fee specified in the payment order in accordance with subsection 251.131(1), subject to, in the case of a director, the maximum amount of the director’s liability under section 251.18.

• Marginal note:Security

  (2.1) The Head may allow an employer or a director of a corporation to give security, in a form satisfactory to the Head and on any conditions specified by the Head, for all or part of the amount and fee referred to in subsection (2).

• Marginal note:Review

  (3) On receipt of the request for review, the Head may, in writing,

  • (a) confirm, rescind or vary, in whole or in part, the payment order or the compliance order; or

  • (b) confirm the notice of unfounded complaint or the notice of voluntary compliance, or rescind the notice, in which case the Head shall re-examine the complaint.

• Marginal note:Service of documents

  (4) Service of a decision made under subsection (3) shall be by personal service, by registered mail or by any other means prescribed by regulation on any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance or, in the case of a compliance order, on the employer. If the decision is served by registered mail, it shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.

• Marginal note:Proof of service

  (5) A certificate purporting to be signed by the Head certifying that a decision referred to in subsection (4) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the decision and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the decision 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:Review is final

  (6) Subject to the right of appeal under section 251.11, the decision made under subsection (3) is final and conclusive and is not subject to appeal to or review by any court.

• Marginal note:Request treated as an appeal

  (7) The Head may, if the Head considers it appropriate in the circumstances, treat the request for review as an appeal of their decision, in which case the Head shall so inform any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance — or, in the case of a compliance order, the employer — and shall refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of section 251.12.

Marginal note:Appeal

• 251.11 (1) Subject to subsection (1.1), a person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary compliance, may appeal the decision to the Board, in writing, within 15 days after the day on which the decision is served.

• Marginal note:Exception — compliance order

  (1.1) Only an employer to whom a compliance order has been issued may appeal a decision with respect to that order.

• Marginal note:Scope of appeal

  (1.2) Except in the case of a compliance order, the person may appeal the decision only on a question of law or jurisdiction.

• Marginal note:Grounds of appeal

  (2) The request for appeal shall contain a statement of the grounds of appeal.

• Marginal note:Payment of amount and administrative fee

  (3) An employer or director of a corporation is not permitted to appeal a decision confirming or varying a payment order unless the employer or director pays to the Head the amount indicated in the decision — and, in the case of an employer, the administrative fee specified in the decision in accordance with subsection 251.131(1) — less any amount and administrative fee paid under subsection 251.101(2).

• Marginal note:Security

  (3.1) The Head may allow an employer or a director of a corporation to give security, in a form satisfactory to the Head and on any conditions specified by the Head, for all or part of the amount and fee referred to in subsection (3).

• Marginal note:Limitation

  (4) In the case of a director, subsection (3) applies subject to the maximum amount of the director’s liability under section 251.18.

Marginal note:Head informed of appeal

• 251.111 (1) The Board shall inform the Head in writing when an appeal is brought under subsection 251.11(1) and provide the Head with a copy of the request for appeal.

• Marginal note:Documents provided to Board — decision

  (2) In an appeal under this Part, the Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of making the decision being appealed.

• Marginal note:Documents provided to Board — order or notice

  (3) In an appeal under subsection 251.101(7), the Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of issuing the order or notice being appealed.

• Marginal note:Documents provided to Head

  (4) The Board shall, on request of the Head, provide to the Head a copy of any document that is filed with the Board in the appeal.

• Marginal note:Power of Head

  (5) The Head may, in an appeal under this Part, present evidence and make representations to the Board.

Marginal note:Board decision

• 251.12 (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 Head.

• 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.

General Provisions — Orders

Marginal note:Order to debtor of employer

• 251.13 (1) The Head 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 amount and the administrative fee indicated in the payment order, directly to the Head within 15 days, in satisfaction of the payment order.

• Marginal note:Order to debtor of director of corporation

  (1.1) The Head 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 Head 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.

Marginal note:Administrative fee

• 251.131 (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 Head. 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.

Marginal note:Return of security

251.132 The Head, 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.

Marginal note:Deposit of moneys

• 251.14 (1) If the Head receives moneys under this Division, the Head 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 Head 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 Head shall maintain a detailed record of all transactions relating to the account.

Marginal note:Enforcement of orders

• 251.15 (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 Head, 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 Head 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.