Canada Labour Code

Marginal note:Making of complaint

• 251.01 (1) Any employee may make a complaint in writing to the Head if they believe that the employer has contravened

  • (a) any provision of this Part or of the regulations made under this Part; or

  • (b) any order.

• Marginal note:Time for making complaint

  (2) A complaint under subsection (1) shall be made within the following period

  • (a) in the case of a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, six months from the last day on which the employer was required to pay those wages or other amounts under this Part; and

  • (b) in the case of any other complaint, six months from the day on which the subject-matter of the complaint arose.

• Marginal note:Extension of time

  (3) The Head may, subject to the regulations, extend the period set out in subsection (2)

  • (a) if the Head is satisfied that a complaint was made within that period to a government official who had no authority to deal with the complaint and that the person making the complaint believed the official had that authority;

  • (b) in any circumstances prescribed by regulation; or

  • (c) in the conditions prescribed by regulation.

• Marginal note:Limitation

  (3.1) An employee shall not make a complaint under subsection (1) if they have made a complaint that is based on substantially the same facts under any of subsections 240(1), 246.1(1) and 247.99(1), unless that complaint has been withdrawn.

• Marginal note:Exception

  (4) Despite subsection (3.1), the employee may file a complaint under subsection (1) if it relates only to the payment of their wages or other amounts to which they are entitled under this Part, including amounts referred to in subsections 230(1) and 235(1), but that complaint is suspended until the day on which the complaint made under subsection 240(1), 246.1(1) or 247.99(1), as the case may be, is withdrawn or resolved.

• Marginal note:Limitation — section 177.1

  (4.1) With respect to a request made under subsection 177.1(1), an employee may make a complaint under subsection (1) only on the grounds that the employer has refused the request on any ground other than those referred to in subparagraphs 177.1(3)(c)(i) to (v) or has failed to comply with any requirement set out in section 177.1(4).

• Marginal note:For greater certainty

  (5) For greater certainty, a complaint is not permitted under this section if it relates to a disagreement whose settlement is governed exclusively by a collective agreement under subsection 168(1.1).