Powers when wages owing
65.(1) This section applies if an employment standards officer finds that an employee is entitled to wages from an employer. Direct payment (1.1) The employment standards officer may arrange with the employer that the employer pay the wages owing to the employee directly to the employee. Order (1.2) The employment standards officer may order the employer, (a) to pay the wages owing to the employee to the Director in trust; and (b) to pay an amount equal to the greater of $100 or 10 per cent of the wages to the Director for administrative costs. Maximum amount (1.3) The employment standards officer shall not make an order for an amount of wages greater than $10,000 in respect of one employee. Exception (1.4) Subsection (1.3) does not apply with respect to the following: 1. An order, or part of an order, relating to a failure to comply with a provision of Part XI, a contravention of Part XII, a failure to comply with section 50.1 or a contravention of section 50.3 or 56.1. 2. An order, or part of an order, to pay termination pay or severance pay in connection with a contravention of or failure to comply with a provision described in paragraph 1. Minimum amount (1.5) The employment standards officer shall not make an order for an amount of wages in respect of one employee that is less than such amount as may be prescribed. Same (1.6) Subsection (1.5) does not apply in the case of an order respecting more than one employee, (a) if the total amount of wages payable under the order is greater than the amount prescribed under subsection (1.5); and (b) if the wages become due to each employee by virtue of the same provision of the Act or the same provision of the employment contract. Non-application (1.7) Subsections (1.2) to (1.6) do not apply with respect to wages that become due to the employee before the day on which subsection 19 (1) of the Employment Standards Improvement Act, 1996 comes into force. 1996, c. 23, s. 19 (1). Contents of order (2) The order shall contain or have attached thereto information indicating the nature of the amount to be paid to an employee. R.S.O. 1990, c. E.14, s. 65 (2); 1996, c. 23, s. 19 (2). Idem (3) The order may direct an employer to pay wages to one or more employees entitled to them because of the employer’s failure to comply with one or more contracts of employment or with this Act and the regulations. R.S.O. 1990, c. E.14, s. 65 (3); 1996, c. 23, s. 19 (3). Service of order (4) The order must be served upon the employer either by mail addressed to the employer’s last known address or, (a) if the employer is an individual, personally upon him or her; and (b) if the employer is a corporation, personally upon an officer of the corporation or a person in charge of any branch of the corporation. Proof of service (5) A certificate of the Director is evidence of the issuance, service and receipt of an order if, in the certificate, the Director certifies that the order was served and states the method of service used and if the certificate has a true copy of the order attached to it. 1996, c. 23, 19 (4). Compliance with order (6) Every employer to whom an order is issued under subsection (1) shall comply with it in accordance with its terms. R.S.O. 1990, c. E.14, s. 65 (6). Effect of order (7) If an employer fails to apply under section 68 for a review of an order issued by an employment standards officer, the order becomes final and binding against the employer even though a review hearing is held to determine another person’s liability under this Act. 1991, c. 16, s. 9 (2).