114 (1) An employment standards officer shall not issue an order to pay wages, fees or compensation or a notice of contravention with respect to a contravention of this Act concerning an employee, (a)  if the employee filed a complaint about the contravention, more than two years after the complaint was filed; (b)  if the employee did not file a complaint but another employee of the same employer did file a complaint, more than two years after the other employee filed his or her complaint if the officer discovered the contravention with respect to the employee while investigating the complaint; or (c)  if the employee did not file a complaint and clause (b) does not apply, more than two years after an employment standards officer commenced an inspection with respect to the employee’s employer for the purpose of determining whether a contravention occurred.  2000, c. 41, s. 114 (1); 2009, c. 9, s. 15 (1). Complaints from different employees (2) If an employee files a complaint about a contravention of this Act by his or her employer and another employee of the same employer has previously filed a complaint about substantially the same contravention, subsection (1) shall be applied as if the employee who filed the subsequent complaint did not file a complaint.  2000, c. 41, s. 114 (2). Exception (3) Subsection (2) does not apply if, prior to the day on which the subsequent complaint was filed, an employment standards officer had, with respect to the earlier complaint, already issued an order or advised the complainant that he or she was refusing to issue an order.  2000, c. 41, s. 114 (3). Restriction on rescission or amendment (4) An employment standards officer shall not amend or rescind an order to pay wages, fees or compensation after the last day on which he or she could have issued that order under subsection (1) unless the employer against whom the order was issued and the employee with respect to whom it was issued consent to the rescission or amendment.  2001, c. 9, Sched. I, s. 1 (24); 2009, c. 9, s. 15 (2). Same (5) An employment standards officer shall not amend or rescind a notice of contravention after the last day on which he or she could have issued that notice under subsection (1) unless the employer against whom the notice was issued consents to the rescission or amendment.  2001, c. 9, Sched. I, s. 1 (24). Application to Part XVIII.1 (6) For the purposes of the application of this section in respect of Part XVIII.1, the following modifications apply: 1.  A reference to an employer includes a reference to a client of a temporary help agency, a recruiter or a prospective employer who engages or uses the services of a recruiter to find or attempt to find an employee. 2.  A reference to an employee includes a reference to an assignment employee, a prospective assignment employee or a prospective employee who engages or uses the services of a recruiter to find employment in Ontario.  2009, c. 9, s. 15 (3); 2017, c. 22, Sched. 1, s. 60. 2021, c. 35, Sched. 2, s. 27. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (24) - 4/09/2001 2009, c. 9, s. 15 (1-3) - 6/11/2009 2017, c. 22, Sched. 1, s. 60 - 01/01/2018 2021, c. 35, Sched. 2, s. 27 (1, 2) - 01/07/2023