116 (1) A person against whom an order has been issued under section 74.14, 74.16, 74.17, 74.19, 103, 104, 106, 107 or 108 is entitled to a review of the order by the Board if, within the period set out in subsection (4), the person, (a)  applies to the Board in writing for a review; (b)  in the case of an order under section 74.14 or 103, pays the amount owing under the order to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director in that amount; and (c)  in the case of an order under section 74.16, 74.17, 74.19 or 104, pays the lesser of the amount owing under the order and $10,000 to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director in that amount.  2009, c. 9, s. 18; 2021, c. 35, Sched. 2, s. 30. Employee seeks review of order (2) If an order has been issued under section 74.14, 74.16, 74.17, 74.19, 103 or 104 with respect to an employee, the employee is entitled to a review of the order by the Board if, within the period set out in subsection (4), the employee applies to the Board in writing for a review.  2009, c. 9, s. 18; 2021, c. 35, Sched. 2, s. 30. Employee seeks review of refusal (3) If an employee has filed a complaint alleging a contravention of this Act or the regulations and an order could be issued under section 74.14, 74.16, 74.17, 74.19, 103, 104 or 108 with respect to such a contravention, the employee is entitled to a review of an employment standards officer’s refusal to issue such an order if, within the period set out in subsection (4), the employee applies to the Board in writing for such a review.  2009, c. 9, s. 18; 2021, c. 35, Sched. 2, s. 30. Period for applying for review (4) An application for a review under subsection (1), (2) or (3) shall be made within 30 days after the day on which the order, letter advising of the order or letter advising of the refusal to issue an order, as the case may be, is served.  2009, c. 9, s. 18. Extension of time (5) The Board may extend the time for applying for a review under this section if it considers it appropriate in the circumstances to do so and, in the case of an application under subsection (1), (a)  the Board has enquired of the Director whether the Director has paid to the employee the wages, fees or compensation that were the subject of the order and is satisfied that the Director has not done so; and (b)  the Board has enquired of the Director whether a collector’s fees or disbursements have been added to the amount of the order under subsection 128 (2) and, if so, the Board is satisfied that fees and disbursements were paid by the person against whom the order was issued.  2009, c. 9, s. 18. Hearing (6) Subject to subsection 118 (2), the Board shall hold a hearing for the purposes of the review.  2009, c. 9, s. 18. Parties (7) The following are parties to the review: 1.  The applicant for the review of an order. 2.  If the person against whom an order was issued applies for the review, the employee with respect to whom the order was issued. 3.  If the employee applies for the review of an order, the person against whom the order was issued. 4.  If the employee applies for a review of a refusal to issue an order under section 74.14, 74.16, 74.17, 74.19, 103, 104 or 108, the person against whom such an order could be issued. 5.  If a director of a corporation applies for the review, the applicant and each director, other than the applicant, on whom the order was served. 6.  The Director. 7.  Any other persons specified by the Board.  2009, c. 9, s. 18; 2021, c. 35, Sched. 2, s. 30. Parties given full opportunity (8) The Board shall give the parties full opportunity to present their evidence and make their submissions.  2009, c. 9, s. 18. Practice and procedure for review (9) The Board shall determine its own practice and procedure with respect to a review under this section.  2009, c. 9, s. 18. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 1 (25, 26) - 4/09/2001 2009, c. 9, s. 18 - 6/11/2009 2021, c. 35, Sched. 2, s. 30 - 01/07/2023