GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 270
Regulations 270 (1) The Governor in Council may make regulations (a) designating as a violation that may be proceeded with in accordance with this Part (i) the contravention of any specified provision of Part II or III or of any regulations made under those Parts, (ii) the contravention of any direction, or of any direction of any specified class of directions, issued under any provision of Part II or of any regulations made under that Part, (iii) the contravention of any order, or of any order of any specified class of orders, made or issued under any provision of Part II or III or of any regulations made under those Parts, or (iv) the failure to comply with any condition, or with any condition of any specified class of conditions, of a permit issued under section 176; (b) respecting the determination of, or the method of determining, the amount payable as the penalty for each violation, penalties which may be different for individuals and for other persons and departments; (c) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be reduced; (d) respecting the determination of a lesser amount than the penalty imposed that may be paid in complete satisfaction of the penalty if paid within the time and manner prescribed by regulation; (e) respecting the service of documents required or authorized under this Part, including the manner and proof of service and the circumstances under which documents are deemed to be served; (f) prescribing the method of calculating and determining the regular rate of wages for the purpose of section 288 ; (g) prescribing anything that by this Part is to be prescribed; and (h) generally, for carrying out the purposes and provisions of this Part. Restriction — amount of penalty (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation may not exceed $250,000. 2017, c. 20, s. 377
Canada Labour Code — L-2 271
Powers regarding notices of violation 271 The Head may (a) establish the form of notices of violation; (b) designate persons, or classes of persons, who are authorized to issue notices of violation; and (c) establish a short-form description for each violation to be used in notices of violation. 2017, c. 20, s. 377 2018, c. 27, s. 614
Canada Labour Code — L-2 272
Delegation 272 Subject to any terms and conditions specified by the Minister, the Head may delegate to any qualified person or class of persons any of the powers the Head is authorized to exercise or any of the duties or functions the Head is authorized to perform for the purposes of this Part. The Head may make the delegation subject to any terms and conditions that the Head considers appropriate. 2017, c. 20, s. 377 2018, c. 27, s. 614
Canada Labour Code — L-2 273
Violations 273 Every person or department that contravenes or fails to comply with a provision, direction, order or condition designated by regulations made under paragraph 270 (1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations. 2017, c. 20, s. 377
Canada Labour Code — L-2 274
Liability of parties to violation 274 If a corporation or a department commits a violation, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the corporation or department has been proceeded against in accordance with this Part: (a) any officer, director, agent or mandatary of the corporation; (b) any senior official in the department; or (c) any other person exercising managerial or supervisory functions in the corporation or department. 2017, c. 20, s. 377
Canada Labour Code — L-2 275
Proof of violation — employees 275 In any proceedings under this Part against a person or a department in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person or of the department, whether or not the employee or agent or mandatary has been identified or proceeded against in accordance with this Part. 2017, c. 20, s. 377
Canada Labour Code — L-2 276
Notice of violation 276 (1) If a person designated under paragraph 271 (b) has reasonable grounds to believe that a person or a department has committed a violation, the designated person may issue a notice of violation and shall cause it to be served on the person or on the department in accordance with the regulations. Contents (2) The notice of violation shall (a) name the person or department that is believed to have committed the violation; (b) set out the relevant facts surrounding the violation; (c) set out the penalty for the violation; (d) inform the person or department of their right to contest the facts of the alleged violation or the penalty, by way of review and appeal, and of the procedure to be followed to exercise that right; (e) inform the person or department of the manner of paying the penalty set out in the notice; and (f) inform the person or department that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable for the penalty set out in the notice. Copy given by employer (3) If the notice of violation is issued to an employer who has committed a violation by contravening a provision of Part II or a direction issued under that Part, the employer shall, without delay, give a copy of the notice to the work place committee or health and safety representative , as those terms are defined in subsection 122(1). 2017, c. 20, s. 377
Canada Labour Code — L-2 277
Certain defences not available 277 (1) A person or department named in a notice of violation does not have a defence by reason that the person or the department (a) exercised due diligence to prevent the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person or the department. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under Part II or III applies in respect of a violation to the extent that it is not inconsistent with this Part. 2017, c. 20, s. 377
Canada Labour Code — L-2 278
Continuing violation 278 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. 2017, c. 20, s. 377
Canada Labour Code — L-2 279
Violation or offence 279 (1) Proceeding with any act or omission as a violation under this Part precludes proceeding with it as an offence under Part II or III, and proceeding with it as an offence under Part II or III precludes proceeding with it as a violation under this Part. For greater certainty (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. 2017, c. 20, s. 377
Canada Labour Code — L-2 280
Limitation period 280 No notice of violation in respect of a violation may be issued more than two years after the day on which the subject-matter of the violation arises. 2017, c. 20, s. 377
Canada Labour Code — L-2 281
Request for review 281 A person or a department that is served with a notice of violation may, within 30 days after the day on which the notice is served, or within any longer period that the Head allows, make a request, in the manner prescribed by regulation, to the Head for a review of the penalty or the facts of the alleged violation, or both. 2017, c. 20, s. 377 2018, c. 27, s. 615
Canada Labour Code — L-2 282
Variation or cancellation of notice of violation 282 At any time before a request for review in respect of a notice of violation comes before the Head, a person designated under paragraph 271(b) may cancel the notice of violation or correct an error in it. 2017, c. 20, s. 377 2018, c. 27, s. 615
Canada Labour Code — L-2 283
Review 283 (1) On receipt of a request for review made under section 281, the Head shall conduct the review of the notice of violation. Rules of procedure (2) The Head may make rules governing the procedure with respect to reviews under this Part. Request treated as an appeal (3) The Head may, if the Head considers it appropriate in the circumstances, treat the request for review as an appeal, in which case the Head shall so inform the applicant and refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of this Part. 2017, c. 20, s. 377 2018, c. 27, s. 615
Canada Labour Code — L-2 284
Object of review 284 (1) The Head shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the applicant committed the violation, or both. Correction of penalty (2) If the Head determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Head shall correct the amount of the penalty. Decision (3) The Head shall make a decision in writing and serve the applicant with a copy of the decision, with reasons. Copy given by employer (4) If a decision is made with respect to a notice of violation referred to in subsection 276 (3), the employer shall, without delay, give a copy of the decision to the work place committee or health and safety representative , as those terms are defined in subsection 122(1). Obligation to pay (5) If the Head determines that the applicant committed the violation, the applicant is liable for the penalty that is set out in the decision. Decision final (6) Subject to the right of appeal under section 285 , every decision made under this section is final and shall not be questioned or reviewed in any court. 2017, c. 20, s. 377 2018, c. 27, s. 616
Canada Labour Code — L-2 285
Appeal 285 (1) A person or a department may appeal a decision referred to in section 284 to the Board, in writing, within 15 days after the day on which the decision is served. Grounds of appeal (2) The request for appeal shall contain a statement of the grounds of appeal. 2017, c. 20, s. 377 2018, c. 27, s. 617(F)
Canada Labour Code — L-2 286
Head informed of appeal 286 (1) The Board shall inform the Head in writing when an appeal is brought under subsection 285(1) and provide the Head with a copy of the request for appeal. Documents provided to Board (2) 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 Head (3) 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 (4) The Head may, in an appeal, present evidence and make representations to the Board. 2017, c. 20, s. 377 2018, c. 27, s. 618
Canada Labour Code — L-2 287
Object of appeal 287 (1) In an appeal under this Part, the Board shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the appellant committed the violation, or both. Correction of penalty (2) If the Board determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Board shall correct the amount of the penalty. Decision (3) The Board shall make a decision in writing and provide the appellant and the Head with a copy of the decision, with reasons. Copy given by employer (4) If a decision is made with respect to a notice of violation referred to in subsection 276 (3), the employer shall, without delay, give a copy of the decision to the work place committee or health and safety representative , as those terms are defined in subsection 122(1). Obligation to pay (5) If the Board determines that the appellant committed the violation, the appellant is liable for the penalty that is set out in the decision. Decision final (6) Every decision made under this section is final and shall not be questioned or reviewed in any court. No review by certiorari , etc. (7) 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. 2017, c. 20, s. 377 2018, c. 27, s. 619
Canada Labour Code — L-2 288
Wages 288 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. 2017, c. 20, s. 377
Canada Labour Code — L-2 289
Payment 289 If a person or a department pays the penalty set out in a notice of violation, the person or the department is considered to have committed the violation and proceedings in respect of it are ended. 2017, c. 20, s. 377
Canada Labour Code — L-2 290
Failure to act 290 A person or a department that neither pays a penalty imposed under this Part nor requests a review or an appeal in the specified time is considered to have committed the violation and is liable for the penalty. 2017, c. 20, s. 377
Canada Labour Code — L-2 291
Debt to Her Majesty 291 (1) A penalty 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. Limitation period (2) No proceedings to recover the debt may be instituted more than five years after the day on which the debt becomes payable. 2017, c. 20, s. 377
Canada Labour Code — L-2 292
Certificate 292 (1) The Head may issue a certificate certifying the unpaid amount of any debt referred to in subsection 291(1). Registration (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. 2017, c. 20, s. 377 2018, c. 27, s. 620
Canada Labour Code — L-2 293
Admissibility of documents 293 In the absence of evidence to the contrary, a document that appears to be a notice of violation issued under subsection 276 (1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation. 2017, c. 20, s. 377
Canada Labour Code — L-2 294
Burden of proof 294 If the facts of a violation are reviewed or appealed, the person who issued the notice of violation shall establish, on a balance of probabilities, that the applicant or the appellant committed the violation. 2017, c. 20, s. 377
Canada Labour Code — L-2 295
Publication 295 The Head may, subject to the regulations, make public the name of an employer who committed a violation under this Part, the nature of the violation, the amount of the penalty imposed and any other information prescribed by regulation. 2017, c. 20, s. 377 2018, c. 27, s. 621
Canada Labour Code — L-2 296
Regulations 296 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 compliance with Parts II and III of this Act, 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. 2018, c. 22, s. 17
Canada Labour Code — L-2 297
Repeal of regulations 297 Unless they are repealed earlier, regulations made under section 296 are repealed on the fifth anniversary of the day on which they come into force. 2018, c. 22, s. 17
Canada Labour Code — L-2 2178
Deemed appointment 2178 Any appeals officer, as defined in subsection 122(1) of the Canada Labour Code , who is seized of an appeal under that Act immediately before the day on which section 2174 comes into force is deemed, on that day, to have been appointed as an appeals officer under subsection 145.1(1) of that Act, as enacted by section 2174 , solely for the purpose of performing their duties under section 146.1 of that Act in respect of the appeal.
Canada Labour Code — L-2 438
Existing claims 438 If, before the coming into force of section 239.2 of the Canada Labour Code , as enacted by section 434 , an employer provides benefits to its employees under a long-term disability plan that is not insured with an entity that is licensed to provide insurance under the laws of a province and either benefits are being paid to one of those employees under that plan or an application for the payment of benefits under that plan has been submitted by one of those employees, that employer, on the coming into force of that section 239.2, is not required to insure that plan in accordance with that section 239.2 and may continue to provide benefits under that plan but only to the employee who is being paid benefits or to the employee who submitted an application for the payment of benefits.
Canada Labour Code — L-2 439
Limitation — second or subsequent offences 439 Despite subsection 256(1.2) of the Canada Labour Code , as enacted by section 436 , in determining whether a person has committed a second or subsequent offence for the purposes of subsection 256(1.1) of that Act as enacted by that section, an earlier offence may be taken into account only if the person is convicted of the earlier offence on or after the day on which that section comes into force.
Canada Labour Code — L-2 564
Definitions 564 The following definitions apply in sections 565 to 570 . Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code . ( Conseil ) Tribunal means the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act , as that Act read immediately before the coming into force of this section. ( Tribunal )
Canada Labour Code — L-2
Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code . ( Conseil )
Canada Labour Code — L-2
Tribunal means the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act , as that Act read immediately before the coming into force of this section. ( Tribunal )
Canada Labour Code — L-2 31
Death or disappearance 31 Section 206.5 of the Canada Labour Code , as enacted by section 6 , applies only with respect to a death or disappearance that occurs after the day on which section 6 comes into force.
Canada Labour Code — L-2 230
Complaints, notices and payment orders 230 The Canada Labour Code , as it read immediately before the day on which this section comes into force, applies (a) to complaints that allege that an employer contravened any provision of Part III of that Act, any provision of regulations made under that Part or any order within the meaning of that Part and that were received by the Minister of Labour before that day; (b) to notices of unfounded complaint issued under subsection 251.1(2) of that Act that relate to complaints referred to in paragraph (a); and (c) to payment orders issued under subsection 251.1(1) of that Act (i) before that day, and (ii) on or after that day, if the inspector made the finding that resulted in the payment order during the course of an inspection under Part III of that Act that began before that day or as a result of dealing with a complaint referred to in paragraph (a).
Canada Labour Code — L-2 231
Payment orders and notices 231 The Canada Labour Code , as it read immediately before the day on which this section comes into force, applies to any payment orders and notices of unfounded complaint issued before that day under section 251.1 of that Act.
Canada Labour Code — L-2 199
Pending proceedings 199 (1) The Canada Labour Code , as it read immediately before the coming into force of this section, applies to (a) any proceedings — commenced before that coming into force — with respect to which a health and safety officer or a regional health and safety officer may exercise powers or perform duties or functions under Part II of that Act, as it read immediately before that coming into force; and (b) any procedure — commenced before that coming into force — relating to a refusal to work commenced under sections 128 to 129 of that Act, as it read immediately before that coming into force. Appeal (2) With respect to directions issued by a health and safety officer under Part II of the Canada Labour Code , an employer, employee or trade union that feels aggrieved by a direction may appeal the direction in writing to an appeals officer within 30 days after the date of the direction being issued or confirmed in writing. The appeal is deemed to have been brought under subsection 146(1) of that Act. Health and safety officers (3) For the purposes of subsection (1), health and safety officers or regional health and safety officers designated under subsection 140(1) of the Canada Labour Code , as it read immediately before the coming into force of this section, continue to act, respectively, as health and safety officers or regional health and safety officers.
Canada Labour Code — L-2 143
Paragraphs 125.1(c) to (e) of Canada Labour Code 143 Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day on which section 140 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.
Canada Labour Code — L-2 144
Products in work place 144 Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day fixed by order of the Governor in Council for the purposes of section 143 but before a day to be fixed by order of the Governor in Council for the purposes of this section, in respect of hazardous products that are in the work place on the day fixed by order of the Governor in Council for the purposes of section 143 , if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.
Canada Labour Code — L-2 145
Same meaning 145 (1) Unless a contrary intention appears, words and expressions used in sections 143 and 144 have the same meanings as in section 122 of the Canada Labour Code . References (2) For the purposes of sections 143 and 144 , (a) controlled product , hazard symbol , Ingredient Disclosure List , label and material safety data sheet in paragraphs 125.1(c) to (e) of the Canada Labour Code , as that Act read immediately before the day on which section 140 comes into force, have the same meanings as in the Hazardous Products Act , as that Act read immediately before the day on which section 114 comes into force; (b) any references to the Ingredient Disclosure List in paragraph 125.1(e) of the Canada Labour Code , as that Act read immediately before the day on which section 140 comes into force, are considered to be references to the Ingredient Disclosure List as it read immediately before the day on which section 114 comes into force; and (c) any references to regulations, or to anything prescribed by regulation, in paragraphs 125.1(c) to (e) of the Canada Labour Code , as that Act read immediately before the day on which section 140 comes into force, are considered to be references to those regulations as they read immediately before that day.