GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 251.15
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. 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. 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. 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. 1993, c. 42, s. 37; 2012, c. 31, s. 228 2017, c. 20, s. 368 2018, c. 27, s. 607
Canada Labour Code — L-2 251.16
Regulations 251.16 The Governor in Council may make regulations respecting the operation of sections 251.001, 251.1, 251.101 and 251.13 to 251.15. 1993, c. 42, s. 37 2017, c. 20, s. 369 2017, c. 20, s. 370
Canada Labour Code — L-2 251.17
Statutory Instruments Act 251.17 The Statutory Instruments Act does not apply in respect of internal audit orders, compliance orders, payment orders, notices of unfounded complaint, notices of voluntary compliance or orders to debtors. 1993, c. 42, s. 37 2017, c. 20, s. 371 2017, c. 20, s. 372 2017, c. 20, s. 373
Canada Labour Code — L-2 251.18
Civil liability of directors 251.18 Directors of a corporation are jointly and severally liable for wages and other amounts to which an employee is entitled under this Part, to a maximum amount equivalent to six months’ wages, to the extent that (a) the entitlement arose during the particular director’s incumbency; and (b) recovery of the amount from the corporation is impossible or unlikely. 1993, c. 42, s. 37
Canada Labour Code — L-2 251.19
Cooperatives 251.19 For the purposes of section 251.18 and subsection 257(3), cooperatives shall be deemed to be corporations. 1993, c. 42, s. 37
Canada Labour Code — L-2 252
Information and returns 252 (1) Every employer shall furnish any information that the Head may require that relate to their employees, including their wages, their hours of work and their general holidays, annual vacations and conditions of work as well as any returns that the Head may require. Records to be kept (2) Every employer shall make and keep for a period of at least 36 months after work is performed the records required to be kept by regulations made under paragraph 264(1)(a) and those records shall be available at all reasonable times for examination by the Head. Exception (3) Subsections (1) and (2) do not apply in respect of hours worked by employees who are (a) excluded from the application of Division I under subsection 167(2); or (b) exempt from the application of sections 169 and 171 pursuant to regulations made under paragraph 175(1)(b). R.S., 1985, c. L-2, s. 252; R.S., 1985, c. 9 (1st Supp.), s. 18; 1993, c. 42, s. 38 2015, c. 36, s. 90 2018, c. 27, s. 608
Canada Labour Code — L-2 253
Notice to furnish information 253 (1) Where the Head is authorized to require a person to furnish information under this Part or the regulations, the Head may require the information to be furnished by a notice to that effect served by personal service, by registered mail addressed to the latest known address of the addressee, or by any other means prescribed by regulation, and that person (a) if the notice is sent by registered mail, is deemed to have received the notice on the seventh day after the day on which it was mailed; and (b) shall furnish the information within such reasonable time as is specified in the notice. Proof of service (2) A certificate purporting to be signed by the Head certifying that a notice was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the notice and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the notice 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. Proof of failure to comply (3) Where the Head is authorized to require a person to furnish information under this Part or the regulations, a certificate of the Head certifying that the information has not been furnished is admissible in evidence and in the absence of any evidence to the contrary is proof of the statements contained in it. Proof of documents (4) A certificate of the Head certifying that a document annexed to it is a document or a true copy of the document made by or on behalf of the Head shall be admitted in evidence and has the same force and effect as if it had been proven in the ordinary way. Proof of authority (5) A certificate under this section signed or purporting to be signed by the Head is admissible in evidence without proof of the Head’s appointment or signature. Statutory Instruments Act (6) The Statutory Instruments Act does not apply in respect of notices referred to in subsection (1). R.S., 1985, c. L-2, s. 253; 1993, c. 42, s. 39 2017, c. 20, s. 374 2018, c. 27, s. 609
Canada Labour Code — L-2 253.1
Copy — employee 253.1 (1) An employer must, within the first 30 days of an employee’s employment, provide the employee with a copy of any materials that the Head makes available and that contains information respecting employers’ and employees’ rights and obligations under this Part and, within 30 days after updated materials are made available, provide the employee with a copy of the updated materials. Materials to be posted (2) An employer must post and keep posted the most recent version of the materials referred to in subsection (1), in readily accessible places where it is likely to be seen by employees. Termination (3) If an employee’s employment is terminated by the employer, the employer must, not later than the last day of the employee’s employment, provide the employee with a copy of the most recent version of the materials referred to in subsection (1) that relate to terminations of employment. 2018, c. 27, s. 502 2018, c. 27, s. 622
Canada Labour Code — L-2 253.2
Employment statement 253.2 (1) An employer must, within the first 30 days of an employee’s employment, provide the employee with a written statement containing information relating to their employment that is prescribed by regulation. Updated information (2) An employer must provide an employee with an updated employment statement within 30 days after any change is made to the information contained in the last statement that was provided to the employee. Employer’s duties (3) An employer must retain a copy of any employment statement provided under this section for 36 months after the employee’s employment with the employer ends and, on request, the employee must be provided with additional copies. Regulations (4) The Governor in Council may make regulations prescribing the information that must be included in a employment statement provided under this section. 2018, c. 27, s. 502
Canada Labour Code — L-2 254
Pay statement 254 (1) An employer shall, at the time of making any payment of wages to an employee, furnish the employee with a statement in writing setting out (a) the period for which the payment is made; (b) the number of hours for which the payment is made; (c) the rate of wages; (d) details of the deductions made from the wages; and (e) the actual sum being received by the employee. Exemption (2) The Minister may, by order, exempt any employer from any or all of the requirements of subsection (1). R.S., c. L-1, s. 68
Canada Labour Code — L-2 254.1
General rule 254.1 (1) No employer shall make deductions from wages or other amounts due to an employee, except as permitted by or under this section. Permitted deductions (2) The permitted deductions are (a) those required by a federal or provincial Act or regulations made thereunder; (b) those authorized by a court order or a collective agreement or other document signed by a trade union on behalf of the employee; (c) amounts authorized in writing by the employee; (d) overpayments of wages by the employer; and (e) other amounts prescribed by regulation. Damage or loss (3) Notwithstanding paragraph (2)(c), no employer shall, pursuant to that paragraph, make a deduction in respect of damage to property, or loss of money or property, if any person other than the employee had access to the property or money in question. Regulations (4) The Governor in Council may make regulations prescribing: (a) deductions that an employer is permitted to make in addition to those permitted by this section; and (b) the manner in which the deductions permitted by this section may be made by the employer. 1993, c. 42, s. 40
Canada Labour Code — L-2 255
Orders of Minister combining federal works, undertakings and businesses 255 (1) Where associated or related federal works, undertakings and businesses are operated by two or more employers having common control or direction, the Minister may, after affording to the employers a reasonable opportunity to make representations, by order, declare that for all purposes of this Part the employers and the federal works, undertakings and businesses operated by them that are specified in the order are, respectively, a single employer and a single federal work, undertaking or business. Idem (2) Where an order is made under subsection (1), the employers to which it applies are jointly and severally liable to the employees employed in the federal works, undertakings and businesses to which the order applies for overtime pay, vacation pay, holiday pay and other wages or amounts to which the employees are entitled under this Part. R.S., c. 17(2nd Supp.), s. 17; 1977-78, c. 27, s. 25
Canada Labour Code — L-2 256
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), 251.001(9) or 252(2) or any regulation made under section 227 or paragraph 264(1)(a) or (a.1); (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 the Head regarding the wages, hours of work, annual vacation or conditions of work of an employee. 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. 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. 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. Idem (3) Every employer who (a) fails to keep any record that, by subsection 252(2) or any regulation made under paragraph 264(1)(a) or (a.1), the employer is required to keep, or (b) refuses to make available for examination by the Head 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. R.S., 1985, c. L-2, s. 256; R.S., 1985, c. 9 (1st Supp.), s. 19; 2012, c. 19, s. 436 2015, c. 36, s. 91 2017, c. 20, s. 375 2017, c. 20, s. 400 2018, c. 27, s. 610
Canada Labour Code — L-2 257
Procedure 257 (1) A complaint or information under this Part may relate to one or more offences by one employer in respect of one or more of his employees. Limitation period (2) Proceedings in respect of an offence under this Part may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose. Minister’s consent required (3) No proceeding against a director of a corporation in respect of an offence under this Part shall be instituted except with the consent of the Minister. R.S., 1985, c. L-2, s. 257; 1993, c. 42, s. 41
Canada Labour Code — L-2 258
Order to pay arrears of wages 258 (1) Where an employer has been convicted of an offence under this Part in respect of any employee, the convicting court shall, in addition to any other punishment, order the employer to pay to the employee any overtime pay, vacation pay, holiday pay or other wages or amounts to which the employee is entitled under this Part the non-payment or insufficient payment of which constituted the offence for which the employer was convicted. Reinstatement of pay and position (2) Where an employer has been convicted of an offence under this Part in respect of the discharge of an employee, the convicting court may, in addition to any other punishment, order the employer (a) to pay compensation for loss of employment to the employee not exceeding such sum as in the opinion of the court is equivalent to the wages that would have accrued to the employee up to the date of conviction but for such discharge; and (b) to reinstate the employee in his employ at such date as in the opinion of the court is just and proper in the circumstances and in the position that the employee would have held but for such discharge. When inaccurate records kept (3) In determining the amount of wages or overtime for the purposes of subsection (1), if the convicting court finds that the employer has not kept accurate records as required by this Part or the regulations, the employee affected shall be conclusively presumed to have been employed for the maximum number of hours a week allowed under this Part and to be entitled to the full weekly wage therefor. R.S., c. L-1, s. 71; 1977-78, c. 27, s. 27
Canada Labour Code — L-2 259
Failure to comply with order 259 An employer that fails to comply with an order of a convicting court made under section 258 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $1,000 for each day during which the failure continues. R.S., 1985, c. L-2, s. 259; R.S., 1985, c. 9 (1st Supp.), s. 20; 2012, c. 19, s. 437
Canada Labour Code — L-2 259.1
Imprisonment precluded in certain cases 259.1 (1) Where a person is convicted of an offence under this Part punishable on summary conviction, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment. Recovery of penalties (2) Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings. R.S., 1985, c. 9 (1st Supp.), s. 20
Canada Labour Code — L-2 260
Identity of complainants 260 (1) If a person makes a complaint under this Part and requests that their name and identity be withheld, their name and identity must not be disclosed unless (a) the disclosure is necessary for the purposes of a prosecution; (b) the Head determines that the disclosure is in the public interest; or (c) the Head determines that the disclosure is necessary for the investigation of the complaint to be carried out and the complainant consents to the disclosure in writing. Consent (2) If a determination is made under paragraph (1)(c) and the complainant refuses to provide their consent after being requested to do so in writing, the Head may deem the complaint to be withdrawn. R.S., 1985, c. L-2, s. 260 2018, c. 27, s. 503 2018, c. 27, s. 612
Canada Labour Code — L-2 261
Civil remedy 261 No civil remedy of an employee against his employer for arrears of wages is suspended or affected by this Part. R.S., c. L-1, s. 73
Canada Labour Code — L-2 262
Orders 262 Where by this Part or the regulations the Minister is authorized to make any order in respect of any matter, the order may be made to apply generally or in particular cases or to apply to classes of employees or industrial establishments. R.S., c. L-1, s. 74
Canada Labour Code — L-2 263
Regulations 263 Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve and better protect employees’ rights under this Part, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project and adapting any such provision for the purposes of that application. R.S., 1985, c. L-2, s. 263; 1996, c. 11, s. 68; 2018, c. 27, s. 504
Canada Labour Code — L-2 263.1
Repeal 263.1 Unless they are repealed earlier, regulations made under section 263 are repealed on the fifth anniversary of the day on which they come into force. 2018, c. 27, s. 504
Canada Labour Code — L-2 264
es of subsection 251.01(3); (j.2) prescribing the circumstances under which a complaint is not to be rejected under paragraph 251.05(1)(c); (j.3) prescribing the conditions that are to be met before a complaint may be rejected under paragraph 251.05(1)(c); (j.4) prescribing periods for the purposes of subsection 251.05(1.1); and (j.5) [Repealed, 2020, c. 12, s. 4] (k) for any other matter or purpose that under this Part is required or permitted to be prescribed by regulation. Incorporation of documents (2) A regulation made under paragraph (1)(a.4) that incorporates by reference, in whole or in part, a document may incorporate the document, regardless of its source, as it exists on a certain date, as amended to a certain date or as amended from time to time. R.S., 1985, c. L-2, s. 264; R.S., 1985, c. 9 (1st Supp.), s. 21; 2012, c. 31, s. 229; 2015, c. 36, s. 92; 2017, c. 33, s. 218; 2018, c. 27, s. 505 2018, c. 27, s. 613 2020, c. 12, s. 4
Canada Labour Code — L-2 265
Provincial Crown corporations 265 The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act . 1996, c. 12, s. 4; 1997, c. 9, s. 125
Canada Labour Code — L-2 266
Exclusion from application 266 (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any of the provisions of this Part any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act . Regulations (2) On the recommendation of the Minister, the Governor in Council may make regulations relating to labour standards in relation to employment that is subject to a regulation made pursuant to subsection (1). 1996, c. 12, s. 4; 1997, c. 9, s. 125
Canada Labour Code — L-2 267
Application of certain provisions 267 Subsections 121.2(3) to (8) apply, with such modifications as the circumstances require, in respect of a regulation made pursuant to subsection 266(2) except that the references to “subsection (2)” in subsections 121.2(3) to (6) shall be read as references to subsection 266(2). 1996, c. 12, s. 4
Canada Labour Code — L-2 268
Definitions 268 (1) The following definitions apply in this Part. department means a department in, or other portion of, the federal public administration to which Part II applies, as provided under subsection 123(2). ( ministère ) employer has, (a) in respect of a violation related to Part II, the same meaning as in subsection 122(1); and (b) in respect of a violation related to Part III, the same meaning as in section 166. ( employeur ) penalty means an administrative monetary penalty imposed under this Part for a violation. ( pénalité ) Application — department (2) This Part applies to a department and to persons employed in a department only in respect of a violation that is related to Part II. 2017, c. 20, s. 377
Canada Labour Code — L-2
department means a department in, or other portion of, the federal public administration to which Part II applies, as provided under subsection 123(2). ( ministère )
Canada Labour Code — L-2 (a)
employer has, (a) in respect of a violation related to Part II, the same meaning as in subsection 122(1); and (b) in respect of a violation related to Part III, the same meaning as in section 166. ( employeur )
Canada Labour Code — L-2
penalty means an administrative monetary penalty imposed under this Part for a violation. ( pénalité )
Canada Labour Code — L-2 269
Purpose of Part 269 The purpose of this Part is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient penalty system to promote compliance with Parts II and III of this Act. 2017, c. 20, s. 377