Canada Labour Code — L-2 247.99
Complaint 247.99 (1) An employee who alleges that an employer has taken action against the employee in contravention of subsection 247.98(4) may make a complaint in writing to the Head. For greater certainty (1.1) For greater certainty, the fact that an employer complies with Divisions X and XI does not (a) affect the employee’s rights under this Division; or (b) prevent the Board from deciding under paragraph (7)(a) that the employer has taken action against the employee in contravention of subsection 247.98(4) or from making any order under subsection (8), including a reinstatement order. Time for making complaint (2) Subject to subsection (3), the complaint shall be made to the Head not later than 90 days after the day on which the complainant knew, or in the Head’s opinion ought to have known, of the action or circumstances giving rise to the complaint. Extension of time (3) The Head may extend the period of time referred to in subsection (2) (a) if the Head is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the employee making the complaint believed the official had that authority; or (b) in any other circumstance that is prescribed by regulation. Head to assist parties (4) On receipt of a complaint made under subsection (1), the Head shall endeavour to assist the parties to the complaint to settle the complaint. Complaint not settled within reasonable time (5) If a complaint is not settled under subsection (4) within the period that the Head considers to be reasonable in the circumstances, the Head must, on the written request of the employee who made the complaint that the complaint be referred to the Board, deliver to the Board the complaint made under subsection (1) and any other statements or documents that the Head has that relate to the complaint. Notice (6) If the employee who made the complaint does not reply to a written communication from the Head within a period that the Head considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, have elapsed from the day on which the complaint was made, the Head may give written notice to the employee that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to make a written request that the complaint be referred to the Board. Time limit (6.1) Subject to the regulations, if the employee to whom notice is given under subsection (6) does not, within the period set out in the notice, make a written request that the complaint be referred to the Board, the Head may deem the complaint to be withdrawn. Suspension of complaint (6.2) If the Board is satisfied that the complainant must take measures before the Board may continue to deal with the complaint referred to it under subsection (5), it may, at any time, suspend consideration of the complaint, in whole or in part. Notice (6.3) If the Board suspends consideration of a complaint, the Board shall notify the complainant in writing and specify in the notice (a) the measures that complainant must take; and (b) the period within which they must take those measures. End of suspension (6.4) The suspension ends when, in the Board’s opinion, the measures specified in the notice have been taken. Rejection of complaint (6.5) The Board may reject a complaint referred to it under subsection (5), in whole or in part, (a) if the Board is satisfied that (i) the complaint is not within its jurisdiction, (ii) the complaint is frivolous, vexatious or not made in good faith, (iii) the complaint has been settled in writing between the employer and the employee, (iv) there are other means available to the employee to resolve the subject matter of the complaint that the Board considers should be pursued, (v) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal