GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 251
Where underpayments found on inspection 251 (1) If the Head finds that an employer has failed to pay an employee any wages or other amounts to which the employee is entitled under this Part, the Head may determine the difference between the wages or other amounts actually paid to the employee under this Part and the wages or other amounts to which the employee is entitled under this Part. For greater certainty (1.1) For greater certainty, the Head may, when exercising the powers referred to in subsection (1), make any finding necessary to determine whether an employee is entitled to any wages or other amounts under this Part, including a finding that the employee was dismissed for just cause for the purposes of Division X or XI. Evidence (1.2) If the employer fails to make or keep any record in respect of an employee that the employer is required to make or keep under this Part — or fails to allow the Head to examine, take extracts from or make copies of such a record — the Head may, when exercising the powers referred to in subsection (1), rely on any other available evidence. Where amount of underpayment agreed to (2) If, under subsection (1), the Head determines that there is a difference between the wages or other amounts actually paid to an employee and the wages or other amounts to which the employee is entitled and the amount of that difference is agreed to in writing by the employee and his or her employer, the employer must, within five days after the date of the agreement, pay the amount (a) to the employee on the direction of the Head; or (b) to the Head. Where amount paid to Head (3) If an employer pays the amount under subsection (2) to the Head, the Head must, without delay after receiving it, pay it over to the employee who is entitled to the amount. Minister’s consent required for prosecution (4) No prosecution for failure to pay an employee the wages or other amounts to which the employee was entitled under this Part shall, without the written consent of the Minister, be instituted against the employer when the employer has made payment of any amount of difference in wages or other amounts in accordance with subsection (2). R.S., 1985, c. L-2, s. 251; 1993, c. 42, s. 36 2017, c. 20, s. 357 2018, c. 27, s. 507 2018, c. 27, s. 589
Canada Labour Code — L-2 251.001
Internal audit order 251.001 (1) Subject to the regulations, the Head may, in writing, for the purpose of verifying compliance or preventing non-compliance with this Part, order an employer to, in accordance with the order, (a) conduct an internal audit of its practices and books, payrolls and other records to determine whether the employer is in compliance with any provision of this Part or the regulations; and (b) provide a report of the results of the audit to the Head. Contents of order (2) The Head shall, in the internal audit order, specify (a) any industrial establishment and class of employees to which it applies; (b) the period of time to be covered by the internal audit; (c) the provisions of this Part or the regulations with respect to which the internal audit was ordered; (d) the date by which the employer is to provide the report; and (e) the form of the report. Information to include in report (3) The Head may also specify in the order that the report is to contain any information that the Head considers appropriate. Service (4) Service of the order or of a copy of it shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order or its copy shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed. Proof of service (5) A certificate purporting to be signed by the Head certifying that a document 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 document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document 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. Report — non-compliance (6) If the employer determines that it had not complied with any provision referred to in the order, the employer shall set out in the report the nature of the employer’s non-compliance and the steps that have been or will be taken by the employer to comply with the provision. Report — wages and other amounts (7) If the employer determines that any wages or other amounts to which an employee is entitled under this Part are owed, the employer shall also state in the report the name of the employee, the amount owed for the period of time covered by the internal audit, the method used to determine the amount owed and any payment subsequently made to the employee with respect to that amount owed. Inspection and complaint not precluded (8) For greater certainty, nothing in this section precludes an inspection from being made, or a complaint from being dealt with, under this Part. False information (9) No employer shall make a false or misleading statement in a report. 2017, c. 20, s. 358 2018, c. 27, s. 590
Canada Labour Code — L-2 251.01
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. 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. 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. 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. 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. 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). 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). 2012, c. 31, s. 223 2017, c. 33, s. 213 2018, c. 27, s. 498 2018, c. 27, s. 591
Canada Labour Code — L-2 251.02
Suspension of complaint 251.02 (1) If the Head is satisfied that the employee must take measures before the Head may continue to deal with the complaint made under section 251.01, the Head may, at any time, suspend consideration of the complaint, in whole or in part. Notice (2) If the Head suspends consideration of a complaint, the Head must notify the employee in writing and specify in the notice (a) the measures that the employee must take; and (b) the period of time within which the employee must take those measures. Extension of time (3) The Head may, upon request, extend the time period specified in the notice. End of suspension (4) The suspension ends when, in the Head’s opinion, the measures specified in the notice have been taken. 2012, c. 31, s. 223 2018, c. 27, s. 499 2018, c. 27, s. 592
Canada Labour Code — L-2 251.03
Assistance — Head 251.03 After receipt of a complaint, the Head may assist the parties to the complaint to settle the complaint. 2012, c. 31, s. 223 2018, c. 27, s. 593
Canada Labour Code — L-2 251.04
Settlement of amounts due 251.04 (1) If an employer and an employee who has made a complaint relating to the non-payment of wages or other amounts to which they are entitled under this Part reach a settlement in writing on the wages or other amounts to be paid, the employer may pay those amounts to the employee or to the Head. If amount paid to Head (2) If an employer pays the amounts to the Head, the Head must, without delay after receiving them, pay them over to the employee who is entitled to the amounts. Minister’s consent required for prosecution (3) No prosecution for failure to pay an employee the wages or other amounts that were the subject of the complaint may be instituted against an employer, without the written consent of the Minister, if the employer has paid the amounts referred to in subsection (1) to the employee or the Head. 2012, c. 31, s. 223 2018, c. 27, s. 593
Canada Labour Code — L-2 251.05
Rejection of complaint 251.05 (1) The Head may reject a complaint made under section 251.01, in whole or in part, (a) if the Head is satisfied (i) that the complaint is not within their jurisdiction, (ii) that the complaint is frivolous, vexatious or not made in good faith, (iii) that the complaint has been settled in writing between the employer and the employee, (iv) that there are other means available to the employee to resolve the subject-matter of the complaint that the Head considers should be pursued, (v) that the subject-matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator, (vi) that in respect of a complaint other than a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, there is insufficient evidence to substantiate the complaint, or (vii) that in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject-matter of the complaint and provides a third party dispute resolution process; (b) if consideration of the complaint was suspended under subsection 251.02(1) and if, in the Head’s opinion, the other measures specified in the notice under subsection 251.02(2) were not taken within the specified time period; (c) subject to the regulations, if an employee to whom notice is given under subsection (1.1) does not respond within the period set out in the notice. Notice (1.1) If the employee 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 indicate in writing that they wish to pursue their complaint. Notice of rejection of complaint (2) If a complaint has been rejected, the Head shall notify the employee in writing, with reasons. Request for review (3) The employee may, within 15 days after the day on which the employee is notified of the rejection, request in writing, with reasons, that the Head review the Head’s decision. Review (4) The Head may confirm the decision, or rescind it and re-examine the complaint. Notice of Head’s decision (5) The Head shall notify the employee in writing of the Head’s decision. Reconsideration final (6) The Head’s confirmation or rescission is final and conclusive and is not subject to appeal to or review by any court. 2012, c. 31, s. 223; 2017, c. 26, s. 16 2018, c. 27, s. 500 2018, c. 27, s. 594
Canada Labour Code — L-2 251.06
Compliance order 251.06 (1) If the Head is of the opinion that an employer is contravening or has contravened a provision of this Part, its regulations or any condition of a permit issued under subsection 176(1), the Head may issue a compliance order in writing requiring the employer to terminate the contravention within the time that the Head may specify and take any step, as specified by the Head and within the time that the Head may specify, to ensure that the contravention does not continue or reoccur. Limitation (2) The Head shall not issue a compliance order under subsection (1) to take any measure that could be set out in an order made under subsection 242(4) or section 246.4 or to make any payment that may be the subject of an order made under subsection 251.1(1). Service of order (3) Service of an order or of a copy of it shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order or its copy shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed. Proof of service (4) A certificate purporting to be signed by the Head certifying that a document referred to in subsection (3) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document 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. 2017, c. 20, s. 360 2018, c. 27, s. 509 2018, c. 27, s. 596
Canada Labour Code — L-2 251.11
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. 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. 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. Grounds of appeal (2) The request for appeal shall contain a statement of the grounds of appeal. 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). 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). 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. 1993, c. 42, s. 37; 2012, c. 31, s. 225 2017, c. 20, s. 364 2018, c. 27, s. 600
Canada Labour Code — L-2 251.111
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. 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. 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. 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. Power of Head (5) The Head may, in an appeal under this Part, present evidence and make representations to the Board. 2017, c. 20, s. 365 2018, c. 27, s. 601
Canada Labour Code — L-2 251.12
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. 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. Order final (3) The order of the Board is final and shall not be questioned or reviewed in any court. 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. 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. 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. 1993, c. 42, s. 37; 2012, c. 31, s. 226 2017, c. 20, s. 365 2018, c. 27, s. 602
Canada Labour Code — L-2 251.13
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. 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. 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. 1993, c. 42, s. 37 2017, c. 20, s. 366 2018, c. 27, s. 603
Canada Labour Code — L-2 251.131
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. 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. 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. 2017, c. 20, s. 366 2018, c. 27, s. 604
Canada Labour Code — L-2 251.132
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. 2017, c. 20, s. 366 2018, c. 27, s. 605
Canada Labour Code — L-2 251.14
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. 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. Record (2) The Head shall maintain a detailed record of all transactions relating to the account. 1993, c. 42, s. 37; 2012, c. 31, s. 227 2017, c. 20, s. 367 2018, c. 27, s. 606