Liability of directors
58.20(1) The directors of an employer are jointly and severally liable for wages as provided in this Part if, (a) where an employer is insolvent, the employee has caused a claim for unpaid wages to be filed with the receiver appointed by a court with respect to the employer or with the employer’s trustee in bankruptcy and the claim has not been paid; (b) an employment standards officer has made an order that the employer is liable for wages, unless the amount set out in the order has been paid or the employer has applied to have it reviewed; (c) an employment standards officer has made an order that a director is liable for wages, unless the amount set out in the order has been paid or the employer or the director has applied to have it reviewed; (d) an adjudicator or referee described in subsection (1.1) has made, amended or affirmed an order and the order, as made, amended or affirmed, orders that the employer is liable for wages or that the directors are liable for wages and the amount set out in the order has not been paid; or (e) the Board has issued, amended or affirmed an order under section 68 or 69, the order, as issued, amended or affirmed, requires the employer or the directors to pay wages and the amount set out in the order has not been paid. 1991, c. 16, s. 6; 1998, c. 8, s. 27 (1). Adjudicators and referees (1.1) The following apply with respect to clause (1) (d): 1. An adjudicator referred to in clause (1) (d) is an adjudicator acting under subsection 67 (3) as it read before section 38 of the Economic Development and Workplace Democracy Act, 1998 came into force, including an adjudicator acting under that subsection as it is continued under section 48 of the Economic Development and Workplace Democracy Act, 1998. 2. A referee referred to in clause (1) (d) is a referee acting under section 68 as it read before section 39 of the Economic Development and Workplace Democracy Act, 1998 came into force or section 69 as it read before section 40 of the Economic Development and Workplace Democracy Act, 1998 came into force, including a referee acting under either of those sections as they are continued under section 48 of the Economic Development and Workplace Democracy Act, 1998. 1998, c. 8, s. 27 (2). Employer primarily responsible (2) Despite subsection (1), the employer is primarily responsible for an employee’s wages but proceedings against the employer under this Act do not have to be exhausted before proceedings may be commenced to collect wages from directors under this Part. Wages (3) The wages that directors are liable for under this Part are wages, not including termination pay and severance pay as they are provided for under this Act, under a contract of employment, or under a collective agreement and not including amounts that are deemed to be wages under this Act. Vacation pay (4) The vacation pay that directors are liable for is the greater of the minimum vacation pay provided in subsection 28 (2) and the amount contractually agreed to by the employer and the employee or his or her agent. Holiday pay (5) The amount of holiday pay that directors are liable for is the greater of the amount for the holidays at the rate as determined under this Act and the regulations and the amount for the holidays at the rate as contractually agreed to by the employer and the employee or his or her agent. Overtime wages (6) The overtime wages that directors are liable for are the greater of the amount of overtime pay provided in section 24 and the amount contractually agreed to by the employer and the employee or his or her agent. Directors’ maximum liability (7) The directors of an employer corporation are jointly and severally liable to the employees of the corporation for all debts not exceeding six months’ wages, as described in subsection (3), that become payable while they are directors for services performed for the corporation and for the vacation pay accrued while they are directors for not more than twelve months under this Act and the regulations made under it or under any collective agreement made by the corporation. 1991, c. 16, s. 6. Interest (8) A director is liable to pay interest, at the rate and calculated in the manner determined by the Director under section 61.1, on outstanding wages for which the director is liable. 1998, c. 8, s. 27 (3). Contribution from other directors (9) A director who has satisfied a claim for wages is entitled to contribution in relation to the wages from other directors who are liable for the claim. 1991, c. 16, s. 6.