jswizzle3737/ontario_laws_and_regs huggingface dataset:
Conflict in limitation periods
58.25(1) A limitation period set out in section 82 or 82.1 prevails over a limitation period in any other Act, unless the other Act states that it is to prevail over this Act. 1996, c. 23, s. 13. Assignment of judgment (2) If a judgment has been obtained against the employer or a certificate has been filed under section 73, a director from whom the Program Administrator has recovered is entitled to an assignment of the judgment or certificate to the extent of the amount that has been recovered from that director after the Employee Wage Protection Program and the employees have fully recovered the wages that were owed. 1991, c. 16, s. 6.
Manner of service
58.26 (1) A director may be served by mail addressed to his or her last known address or may be served personally. 1996, c. 23, s. 14. Board consideration (2) If the document that was mailed under subsection (1) is returned and the director is not served personally, the Director may direct the Board to consider the manner of service. Powers of Board (3) The Board may order that service be effected in such manner as it considers appropriate in the circumstances. 1998, c. 8, s. 30.
Offence
58.27Any director who fails to comply with an order of an employment standards officer and who has not applied for a review of it or who fails to comply with an order of the Board under this Act is guilty of an offence and is liable on conviction to a fine not exceeding $50,000. 1991, c. 16, s. 6; 1998, c. 8, s. 31.
No contracting
58.28(1) No provision in a contract, in the articles of incorporation or the by-laws of a corporation or in a resolution of a corporation relieves a director from the duty to act according to this Act or relieves him or her from liability for breach of it. Indemnification of directors (2) An employer may indemnify a director, a former director and the heirs or legal representatives of a director or former director against all costs, charges and expenses, including an amount paid to satisfy an order under this Act or paid in respect of a certificate issued under this Act, reasonably incurred by the director in respect of any civil or administrative action or proceeding to which he or she is a party by reason of being or having been a director of the employer if, (a) he or she has acted honestly and in good faith with a view to the best interests of the employer; and (b) in the case of a proceeding or action that is enforced by a monetary penalty, he or she had reasonable grounds for believing that his or her conduct was lawful. 1991, c. 16, s. 6.
Civil remedies protected
58.29No civil remedy that a person may have against a director or that a director may have against any person is suspended or affected by this Part. 1991, c. 16, s. 6. PART XV   ADMINISTRATION
Minister responsible for administration
59.(1) The Minister is responsible for the administration of this Act. Director to be appointed (2) The Minister shall appoint a person to be the Director of Employment Standards for the purposes of the general administration of this Act and the regulations including the supervision and direction of employment standards officers. Appointment of employment standards officers (3) Such persons as are considered necessary to enforce this Act and the regulations may be appointed as employment standards officers under the Public Service Act. Acting Director (4) Where the Director is absent or unable to act or where the office is vacant, the powers and duties of the Director shall be exercised and performed by an employee of the Ministry designated by the Minister. R.S.O. 1990, c. E.14, s. 59. Delegation (5) The Minister may delegate in writing to any person any of the Minister’s powers or duties under this Act subject to any limitation or condition set out in the delegation. 1992, c. 21, s. 61. 60.REPEALED: 1998, c. 8, s. 32. 60.1REPEALED: 1998, c. 8, s. 33.
Delegation
60.REPEALED: 1998, c. 8, s. 32. 60.1REPEALED: 1998, c. 8, s. 33.
Delegation
60.1REPEALED: 1998, c. 8, s. 33.
Powers and duties of Director
61.(1) The Director may exercise the powers conferred and shall perform the duties imposed upon the Director under this Act. Authority to exercise power (2) The Director may authorize an employment standards officer orally or in writing to exercise a power conferred upon the Director under this Act. Powers and duties of employment standards officer (3) An employment standards officer may exercise the powers conferred and shall perform the duties imposed upon him or her under this Act. R.S.O. 1990, c. E.14, s. 61.
Determination of rates of interest
61.1(1) The Director may, with the approval of the Minister, determine the rate of interest and the manner of calculating interest for the purposes of sections 58.20, 68, 69 and 70. Determinations not regulations (2) Determinations by the Director under subsection (1) are not regulations within the meaning of the Regulations Act. 1998, c. 8, s. 34.
Certificate of appointment
62.(1) The Deputy Minister shall issue a certificate of appointment bearing his or her signature or a facsimile thereof to every employment standards officer. Production of certificate (2) Every employment standards officer, in the exercise of any of his or her powers or the performance of any of his or her duties under this Act, shall produce his or her certificate of appointment upon request. R.S.O. 1990, c. E.14, s. 62.
Powers of employment standards officer
63.(1) An employment standards officer may, for the purpose of ensuring that the provisions of this Act and the regulations are being complied with, (a) subject to subsection (2), enter in or upon the lands or premises of a person at any reasonable time or times without a warrant for the purpose of carrying out an inspection, audit or examination; (b) require the production for inspection, audit or examination of all books of account, vouchers, records, letters patent, by-laws, minutes of directors’ meetings or documents that are or may be relevant to the inspection, audit or examination; (c) upon giving a receipt therefor, remove any books, papers, records or documents examined under clause (b) for the purpose of making copies or extracts of such books, papers, documents or things, but such copying shall be carried out with reasonable dispatch and the books, papers, records or documents shall be promptly returned thereafter to the person who produced or furnished them; (c.1) in the case of a book, record or document kept in electronic form, require the person who produces or furnishes it to give a copy of it on paper to the officer; (c.2) in the case of a book, record or document kept in electronic form, require the person who produces or furnishes it to copy it to a machine-readable medium provided by the officer or, if the person prefers, to a machine-readable medium provided by the person; (d) make any inquiries of any person separate or apart from another person that are or may be relevant to the inspection, audit or examination. R.S.O. 1990, c. E.14, s. 63 (1); 1996, c. 23, s. 15 (1). Entry into dwelling (2) No employment standards officer shall enter any room or place actually being used as a dwelling without the consent of the occupier except under the authority of a search warrant issued under section 158 of the Provincial Offences Act. Employment standards officer not competent or compellable as witness (3) No employment standards officer is a competent or compellable witness in a civil suit or proceeding respecting any information, material or statements acquired, furnished, obtained, made or received under the powers conferred under this Act except for the purposes of carrying out his or her duties under this Act. R.S.O. 1990, c. E.14, s. 63 (2, 3). Production of documents (4) No employment standards officer shall be compelled in a civil suit or proceeding to produce anything he or she has obtained, received or made under the Act except for the purposes of carrying out his or her duties under the Act. 1996, c. 23, s. 15 (2).
Obstruction
64.(1) No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an employment standards officer in the exercise of a power or the performance of a duty under this Act. Assistance to officer (2) Every person shall furnish all necessary means in his power to facilitate any entry, production, inspection, audit, examination or inquiry by an employment standards officer in the exercise of a power or the performance of a duty under this Act. Production of records (3) No person shall neglect or refuse to produce all books, ledgers, vouchers, records, letters patent, minutes of directors’ meetings or documents that are or may be relevant to an inspection, audit or examination. R.S.O. 1990, c. E.14, s. 64.
Wages
64.1Despite clause (d) of the definition of “wages” in section 1, payments described in clause 58.1 (2) (d) shall, for the purposes of this Part, be deemed to be wages. 1991, c. 16, s. 8.
Form for complaints
64.1.1(1) A complaint filed under the Act must be in a written or electronic form approved by the Director. Effect of non-compliance (2) A complaint that does not comply with subsection (1) shall be deemed not to have been filed. 1996, c. 23, s. 16.
Meeting with officer
64.2(1) Following a complaint against an employer under this Act, an employment standards officer may require the complainant and the employer or a director, officer or employee of the employer to attend a meeting with the employment standards officer upon 15 days written notice. Documents (2) The notice may require that the person bring the documents specified in the notice. Delivery of notice (3) The notice may be delivered personally, by registered mail addressed to the person’s last known business or residential address or by telephone transmission of a facsimile of the notice if the person is equipped to receive such transmissions. Same (4) A notice delivered after 5 p.m. by telephone transmission of a facsimile shall be deemed to have been delivered on the following day. Compliance (5) A person to whom a notice is delivered shall comply with it. 1994, c. 27, s. 119 (1).
Civil action not permitted
64.3(1) Subject to subsection (4), an employee who files a complaint under the Act in respect of any of the following matters is not entitled to commence a civil action seeking a remedy for the same matter: 1. Wages owing to the employee. 2. A failure to comply with section 13.1. 3. A failure to comply with a provision of Part X. Same, wrongful dismissal (2) Subject to subsection (4), an employee is not entitled to commence a civil action for wrongful dismissal if he or she files a complaint alleging an entitlement to termination pay or severance pay relating to the same termination of employment. Same, excess amount (3) The employee is not entitled to commence a civil action in the circumstances described in subsection (1) or (2) even if the amount owing to the employee is greater than the amount for which an order can be made under the Act. Effect of withdrawing complaint (4) An employee is entitled to commence a civil action respecting a matter described in subsection (1) or (2) if the employee withdraws his or her complaint under the Act within two weeks after it is filed. Non-application (5) This section does not apply with respect to complaints that are filed before this section comes into force. 1996, c. 23, s. 17.
Enforcement where civil action commenced
64.4(1) An employee who commences a civil action seeking a remedy for any of the following matters is not entitled to file a complaint under the Act for the same matter: 1. Wages owing to the employee. 2. A failure to comply with section 13.1. 3. A failure to comply with a provision of Part X. Same, wrongful dismissal (2) An employee who commences a civil action for wrongful dismissal is not entitled to file a complaint under the Act alleging an entitlement to termination pay or severance pay relating to the same termination of employment. Non-application (3) This section does not apply with respect to civil actions commenced before this section comes into force. 1996, c. 23, s. 17.
Arbitration re: related employers
64.6(1) This section applies if, during an arbitration concerning the enforcement of the Act under section 64.5 other than an arbitration conducted by the Board, an issue arises as to whether the employer to whom the collective agreement applies and another entity are one employer under subsection 12 (1). Restriction (2) The arbitrator or arbitration board shall not make a decision concerning the issue arising under subsection 12 (1). Reference to Board (3) The arbitrator or board shall refer the issue arising under subsection 12 (1) to the Board by giving the Board notice unless the arbitrator or board determines that there has been no contravention of or failure to comply with the Act. Content of notice (4) The notice referring the issue to the Board shall be in writing and shall, (a) indicate that an issue has arisen as to whether the employer to whom the collective agreement applies and another entity are one employer under subsection 12 (1); and (b) indicate the decisions made by the arbitrator or board on the other matters in dispute. Decision by Board (5) The Board shall decide the issue as to whether the employer and the other entity are one employer under subsection 12 (1) but the Board shall not vary any decision of the arbitrator or board concerning the other matters in dispute. Orders (6) The Board may make an order against the employer and, if it finds that the employer and another entity are one employer under subsection 12 (1), it may make an order against the entity. Application of other provisions (7) Subsections 64.5 (6) to (13) apply, with necessary modifications, with respect to issues referred to the Board under this section. Same (8) If it is determined that the employer and another entity are one employer, no order shall require the entity to pay an amount or to take or refrain from taking an action under the collective agreement that the entity could not be ordered to pay, take or refrain from taking under the Act in the absence of the collective agreement. 1998, c. 8, s. 36. (9)-(11) REPEALED: 1998, c. 8, s. 36. Effect under other Acts, etc. (12) A determination under subsection 12 (1) that the employer and another entity are one employer does not make them one employer for the purposes of any other Act or a collective agreement. 1996, c. 23, s. 18.
Payment following settlement
65.1(1) If a person agrees to a compromise or settlement respecting money owed to him or her under the Act, an employment standards officer may accept money on the person’s behalf that is paid as a result of the compromise or settlement. Failure to pay (2) An employment standards officer may make an order under subsection 65 (1.2) if an employee agrees to a compromise or settlement relating to wages owed to him or her and, (a) the employer does not pay the amount agreed upon; or (b) the employee demonstrates that the compromise or settlement was entered into as a result of the employer’s fraud or coercion. 1996, c. 23, s. 20.
Payment to Director in trust
66.(1) Where an employer has made an arrangement with an employment standards officer for the payment of wages to an employee under subsection 65 (1.1), or an employment standards officer has received wages from an employer for or on behalf of an employee under subsection 65.1 (1), and the employee cannot be conveniently located, the employer shall pay the wages to the Director in trust. R.S.O. 1990, c. E.14, s. 66 (1); 1996, c. 23, s. 21. Wages to be held in trust (2) Where wages have been received or collected for or on behalf of an employee by the Director in trust and the employee cannot be located, the wages shall be vested in Her Majesty but may, without interest, be paid out to the employee, the employee’s estate or such other person as the Director considers is entitled to the wages. 1998, c. 8, s. 37.
Inquiries
69.(1) If an employment standards officer reports to the Director that an employer may have failed to pay wages owing to an employee under this Act or to comply with this Act and the regulations, or is of the opinion that an act, agreement, arrangement or scheme is intended to have or has the effect directly or indirectly of defeating the true intent and purpose of this Act and the regulations, the Director may refer the report to the Board, which shall conduct an inquiry. Hearing (2) The Board shall hold a hearing for the purposes of the inquiry. Parties (3) The following persons are parties to the inquiry: 1. The employment standards officer who made the report. 2. The person who is the subject of the employment standards officer’s report. 3. If the subject of the report is an employer, the directors of the employer. 4. Such other persons as the Board may specify. Rights and defences of directors (4) The directors of an employer that is the subject of a report have all the rights and defences of the employer for the purposes of an inquiry under this section. Powers of Board (5) The Board may, with necessary modifications, exercise the powers conferred on an employment standards officer under this Act and in addition thereto or substitution therefor, if the Board determines that an act, agreement, arrangement or scheme is intended to have or has the effect directly or indirectly of defeating the true intent and purpose of this Act and the regulations, it shall state its findings of fact and issue to and cause to be served upon such person as it may direct an order requiring the person to cease and desist from the act, agreement, arrangement or scheme and may order what action, if any, the person shall take or refrain from doing in order to comply with this Act and the regulations. Same (6) In addition to the powers under subsection (5), the Board may order a director to pay wages described in subsection 58.20 (3) and subsections 58.20 (7) and (8) apply, with necessary modifications. Application of other provisions (7) Subsections 68 (10) and (11), (14) to (18), (21) to (24) and (26) to (28) apply, with necessary modifications, with respect to the inquiry. Decision final and binding (8) The order of the Board under this section is final and not subject to review under section 68. 1998, c. 8, s. 40.
Settlements
69.1(1) The Board may authorize a labour relations officer to attempt to effect a settlement of the matters raised by an application for review under section 68 or a reference to the Board of an employment standards officer’s report under section 69. Binding effect of settlement (2) Despite section 3, if the labour relations officer effects a settlement between persons, the settlement is binding on those persons. Clarification, when settlement may be effected (3) A settlement may be effected even if, (a) the employment standards officer who issued the order or refused to issue the order or who made the report is not advised of the settlement; or (b) the review under section 68 or the inquiry under section 69 has started. When settlement gives relief from order (4) If, in relation to an application for review of an order, the labour relations officer effects a settlement between a person against whom the order was made and a person who would have benefited from the order, the order is of no effect with respect to the person who would have benefited from it if the person against whom the order was made complies with the settlement. Termination of review or inquiry (5) If a settlement disposes of all the issues in a review under section 68 or an inquiry under section 69, the review or inquiry is terminated. Distribution of administrative costs (6) If a settlement relates to an application for review of an order requiring the payment of money, the Director may, in accordance with the terms of the settlement, (a) distribute any amount held in trust; and (b) refund all or part of the administrative costs paid by the employer under clause 65 (1.2) (b). Breach of settlement, fraud, coercion (7) Subsection (8) applies if, on the application of a party to a settlement, the Board finds that, (a) a person who is bound by the settlement fails to comply with it; or (b) a person who entered into the settlement establishes that the person did so as a result of fraud or coercion. Same (8) In the circumstances described in subsection (7), (a) subsections (2) and (4) cease to apply; and (b) the Board shall order that any review or inquiry that was terminated under subsection (5) or that proceeded but did not deal with the issues disposed of in the settlement be re-commenced, with respect to the issues disposed of in the settlement, at the stage the review or inquiry was at when the settlement was effected. 1998, c. 8, s. 40.
Testimony in civil proceedings, etc.
69.2(1) Except with the consent of the Board, no member of the Board, nor its registrar, nor any of its other officers, nor any of its clerks or servants shall be required to give testimony in any civil proceeding or in any proceeding before the Board or in any proceeding before any other tribunal respecting information obtained in the discharge of their duties or while acting within the scope of their employment under this Act.  Non-disclosure (2) No information or material furnished to or received by a labour relations officer under this Act shall be disclosed except to the Board or as authorized by the Board. 1998, c. 8, s. 40.
Interest on trust funds
70.(1) Upon an application for review under section 68, any money paid to the Director shall be paid into an interest bearing account to abide the decision of the Board and shall be paid out in accordance with the decision of the Board together with interest at the rate and calculated in the manner determined by the Director under section 61.1. 1998, c. 8, s. 41 (1). (2) REPEALED: 1998, c. 8, s. 41 (2). Interest on trust money (3) Where under this Act the Director is required to hold money in trust, the Director shall pay interest to the person entitled to receive such money at the rate and calculated in the manner determined by the Director under section 61.1. 1998, c. 8, s. 41 (3). Interest on administrative costs (4) The Director shall pay interest on any administrative costs refunded under subsection 69.1 (6) at the rate and calculated in the manner determined by the Director under section 61.1. Application of surplus interest (5) If the interest earned on money held by the Director in trust exceeds the interest paid to the person entitled to receive such money, the Director may use the difference, or any part of it, to pay the service charges charged for the management of the money by the financial institution with which the money was deposited. 1998, c. 8, s. 41 (4).
Payment to Director
71.(1) If the Director believes or suspects that a person is or may become liable to make a payment, (a) to an employer who is liable to make a payment under the Act; or (b) to a director who is liable to make a payment under the Act, the Director may demand that the person pay all or part of the money otherwise payable to the employer or the director, as the case may be, to the Director in trust on account of liability under the Act. Notice (1.1) The Director shall serve notice of the demand by mail or personally upon the person required to make the payment to the Director. 1996, c. 23, s. 24. Receipt of Director (2) The receipt of the Director for money paid as required under this section is a good and sufficient discharge of the original liability to the extent of the payment. Liability to pay (3) Every person who has discharged any liability to an employer who is liable to make a payment under this Act or to a director who is liable to make a payment under this Act without complying with a demand under this section is liable to pay an amount equal to the liability discharged or the amount that he or she was required under this section to pay, whichever is the lesser. 1991, c. 16, s. 13.
Payment to employee
72.(1) Where wages are received under subsection 65.1 (1), the Director shall pay to the employee or employees the wages received on his, her or their behalf. R.S.O. 1990, c. E.14, s. 72 (1); 1998, c. 8, s. 42 (1). Same (2) Where compensation or wages have been paid by an employer under an order issued under section 45, 48, 51 or 56.2 or subsection 65 (1.2), and no application for review has been made to the Board under section 68 within 45 days after the date of the order or such longer period as the Board has allowed, the Director shall pay to the employee or employees the compensation or wages obtained on his, her or their behalf. 1998, c. 8, s. 42 (2). Payment after review (3) Where an application for review under section 68 has been made, the Director shall pay to the employee or the employees the wages owing, if any, in accordance with the decision of the Board and shall pay to the employer any money to which the employer is entitled under the decision. 1998, c. 8, s. 42 (3). Money to be distributed rateably (4) Where the money received by the Director under this Act is insufficient to pay the wages due employees of an employer in full, the Director shall distribute the money received by him or her, including any payment for administrative costs, rateably among those employees on whose behalf the money was received. R.S.O. 1990, c. E.14, s. 72 (4); 1996, c. 23, s. 25 (2). No proceeding to be instituted (5) No proceeding shall be instituted against the Director for acting in compliance with this section. R.S.O. 1990, c. E.14, s. 72 (5).
Certificate of order
73.(1) Where an order has been made under this Act requiring an employer to pay any money to the Director for or on behalf of an employee or employees or requiring a director to pay any money to the Director for or on behalf of an employee or employees, the Director may issue a certificate thereof and cause the same to be filed in a court of competent jurisdiction and thereupon the certificate shall be enforceable as a judgment or order of the court at the instance and in favour of the Director in the same manner as a judgment or order of the court. R.S.O. 1990, c. E.14, s. 73 (1); 1991, c. 16, s. 14 (1). Copy of certificate (2) The Director shall serve upon the employer or the director, as the case may be, a copy of the certificate and shall advise the employer or the director of the date on which the certificate was filed. 1996, c. 23, s. 26.
Collector
73.0.1In sections 73.0.2 and 73.0.3, “collector” means a person (other than an employment standards officer) who is authorized by the Director to collect amounts owing under the Act. 1996, c. 23, s. 27.
Powers of collectors
73.0.2(1) A collector may exercise such of the following powers as the Director may specify for the purpose of collecting amounts owing under the Act: 1. The powers of the Director under sections 71, 73 and 73.1 and subsections 78 (2) and (3) and 79 (3). . .  .  .  . 3. The powers of the Board under section 19 of the Statutory Powers Procedure Act. 1996, c. 23, s. 27; 1997, c. 21, s. 3 (6); 1998, c. 8, s. 43. Costs of collection (2) The Director may authorize the collector to collect a reasonable fee or reasonable disbursements or both from each person from whom the collector seeks to collect amounts owing under the Act. The Director may impose conditions on the authorization and may determine what constitutes a reasonable fee and reasonable disbursements. Exception (3) The Director shall not authorize a collector required to be registered under the Collection Agencies Act to collect disbursements. Non-application (4) Clause 22 (a) of the Collection Agencies Act does not apply with respect to fees authorized under subsection (2). Effect on order (5) The fee and disbursements authorized under subsection (2) shall be deemed to form part of the order, if there is an order. Distribution of money (6) The collector shall distribute the money collected as follows: 1. Money that is attributable to wages, compensation, amounts unpaid in respect of a person or money owing to a person under the Act is to be paid to the Director in trust or, with the written consent of the Director, to the person to whom the money is owed. 2. The applicable administrative fee, if any, is to be paid to the Director. 3. The amount attributable to the fee and disbursements authorized under subsection (2) is to be kept by the collector. Apportionment of money collected (7) If the money collected is less than the total owing to all persons including the Director and the collector, the money shall be apportioned among them in the prescribed manner. Reciprocal enforcement (8) For the purposes of this section, an amount owing under an order made by a state referred to in subsection 73.1 (2) shall be deemed to be an amount owing under the Act. 1996, c. 23, s. 27.
Settlement, etc., by collector
73.0.3(1) A collector may agree to a compromise or settlement with the person who owes the money under the Act if the person to whom the money is owed agrees in writing to the compromise or settlement. Restriction (2) The collector shall not agree to a compromise or settlement of an amount owed under the Act if the person to whom the money is owed would receive less than 75 per cent (or such other percentage as may be prescribed) of the money to which he or she is entitled, unless the Director approves the compromise or settlement in writing. Payment (3) The person who owes the money shall pay the amount agreed upon in the compromise or settlement to the collector. Apportionment of payment (4) The amount paid shall be apportioned in the prescribed manner among all persons to whom money is owed, including the Director and the collector. Void order (5) The order, if any, to which a compromise or settlement relates is void when the amount agreed upon in the compromise or settlement is paid. 1996, c. 23, s. 27.
Reciprocal enforcement of orders
73.1(1) In this section, “order” includes a judgment and, in the case of a state whose employment standards legislation contains a provision substantially similar to subsection 73 (1), includes a certificate of an order for the payment of wages; (“ordonnance”) “state” includes another province or a territory of Canada, a foreign state and a political subdivision of a state. (“État”) Declaration re reciprocating state (2) The Lieutenant Governor in Council may by regulation, (a) declare a state to be a reciprocating state for the purpose of this section; and (b) designate an authority of that state as the authority who may make applications under this section, if the Lieutenant Governor in Council is satisfied that laws are or will be in effect in the state for the enforcement of orders made under this Act on a basis substantially similar to that set out in this section. Application for enforcement (3) The designated authority of a reciprocating state may apply to the Director for enforcement of an order for the payment of wages issued under the employment standards legislation of the reciprocating state. Same (4) The application must be accompanied by a copy of the order that is certified as a true copy, (a) by the court in which the order was filed, if the employment standards legislation of the reciprocating jurisdiction provides for the filing of the order in a court; or (b) by the designated authority, if the employment standards legislation does not provide for the filing of the order in a court. Enforcement (5) The Director may file a copy of the order in a court of competent jurisdiction and thereupon the order is enforceable as a judgment or order of the court, at the instance and in favour of the Director or the designated authority. Costs (6) The Director or the designated authority, as the case may be, is entitled to the costs of enforcing the order as if the order were an order of the court in which a copy of the order is filed. The costs are recoverable in like manner as if they were sums payable under the order. 1994, c. 27, s. 119 (2).
Demand for information
74.(1) The Director may require an employer to produce books, papers, records or documents for inspection, audit or examination for any purpose related to the administration or enforcement of the Act and regulations. Notice (1.1) The Director shall notify the employer which books, papers, records and documents are to be produced and may stipulate the time within which and the place at which they are to be produced. Service of notice (1.2) The Director shall serve the notice upon the employer 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. 1996, c. 23, s. 28 (1). Neglect or refusal to produce (2) No employer shall neglect or refuse to produce the books, papers, records or documents at the time and place stipulated in the notice. R.S.O. 1990, c. E.14, s. 74 (2); 1996, c. 23, s. 28 (2). Proof of service (3) A certificate of the Director is evidence of the service and receipt of the notice if, in the certificate, the Director certifies that the notice was served and states the method of service used and if the certificate has a true copy of the notice attached to it. 1996, c. 23, s. 28 (3).
Posting of notices
75.The Director may require an employer to post and keep posted a notice relating to the administration or enforcement of this Act or the regulations in a conspicuous place where it is most likely to come to the attention of the employees, and the employer shall post and keep posted any such notice. R.S.O. 1990, c. E.14, s. 75.
Service by mail
75.1If the Act requires or permits the service of a document by mail, the document may be served, (a) using any method of mail delivery that permits the delivery to be verified; or (b) by telephone transmission of a facsimile of the document, if the recipient is equipped to receive such transmissions. 1996, c. 23, s. 29.
Powers under the Canada Labour Code
75.2If a regulation under the Canada Labour Code incorporates by reference all or part of this Act or a regulation under this Act, the Board and any person having powers under this Act may exercise any powers conferred under the regulation under the Canada Labour Code. 1998, c. 8, s. 44. PART XVI   OFFENCES AND PENALTIES
No discipline, dismissal, etc., by employer
76.(1) No employer shall, (a) dismiss or threaten to dismiss an employee; (b) discipline or suspend an employee; (c) impose any penalty upon an employee; or (d) intimidate or coerce an employee, because the employee, (e) has sought the enforcement of this Act or the regulations; (f) has sought to enforce his or her rights under section 50.1; (f.1) has exercised a right to refuse work under section 50.2; (g) has given information to an employment standards officer; (h) has participated in or is about to participate in a proceeding or hearing under this Act; or (i) testifies or is required to testify in a proceeding or hearing under this Act. R.S.O. 1990, c. E.14, s. 76 (1); 1991, c. 43, s. 2 (2). Penalty for offence (2) Where an employer is convicted of an offence under subsection (1), the provincial judge making the conviction shall, in addition to the penalty, order what action the employer shall take or what the employer shall refrain from doing and such order may include the reinstatement in employment of the employee with or without compensation or compensation in lieu of reinstatement for loss of wages and other benefits to be assessed against the employer. R.S.O. 1990, c. E.14, s. 76 (2); 1993, c. 27, Sched. Offence, penalty (3) An employer who fails to comply with an order made under subsection (2) is guilty of an offence and on conviction is liable to a fine not exceeding $2,000 for each day during which the failure continues. R.S.O. 1990, c. E.14, s. 76 (3).
Offence to keep false records, etc.
77.(1) No person shall make, keep or produce or participate in, assent to or acquiesce in the making, keeping or producing of a false or deceptive book of account, record or other document required to be made, kept or produced under this Act or the regulations. R.S.O. 1990, c. E.14, s. 77. Offence (2) No person shall provide false or misleading information under this Act. 1991, c. 16, s. 15.
Offence
78.(1) Every person who contravenes this Act or the regulations or a decision, requirement or order made under this Act is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both. Order for payment (2) Where an employer is convicted of an offence under subsection (1), the Ontario Court (Provincial Division) shall, in addition to any other penalty, assess the amount unpaid in respect of an employee or employees and shall order the employer to pay the amount so assessed to the Director who shall collect and distribute to the employee or employees the amount ordered to be paid. Enforcement of order (3) An order for payment under subsection (2) may be filed by the Director in a court of competent jurisdiction and thereupon the order shall be deemed to be an order of that court for the purposes of enforcement. R.S.O. 1990, c. E.14, s. 78.
Officers, etc., liable
79.(1) Where a corporation contravenes any provision of this Act or the regulations, an officer, director or agent of the corporation or a person purporting to act in any such capacity who authorizes, permits or acquiesces in the contravention is a party to and guilty of the offence and is liable on conviction to the penalty provided for the offence whether or not the corporation has been prosecuted or convicted. Onus of proof (2) In determining whether for the purposes of subsection (1) an officer, director or agent of the corporation or a person purporting to act in any such capacity authorized, permitted or acquiesced in the contravention of any provision of this Act or the regulations, it shall be for the officer, director or agent or person purporting to act in any such capacity to prove that he or she did not authorize, permit or acquiesce in the contravention. Additional penalty (3) Where an officer, director or agent of the corporation or a person purporting to act in any such capacity is convicted of an offence under subsection (1), the Ontario Court (Provincial Division) may, in addition to any other penalty, assess the amount unpaid by the corporation in respect of the employee and shall order the officer, director or agent to pay the amount so assessed to the Director who shall collect and distribute to the employee the amount ordered to be paid. No prosecution without consent (4) No prosecution under this section shall be instituted without the consent of the Director and the production of a consent purporting to be signed by the Director is admissible in evidence as proof, in the absence of evidence to the contrary, of the Director’s consent. R.S.O. 1990, c. E.14, s. 79.
Copies constitute evidence
80.(1) In any proceeding or prosecution under this Act, (a) a copy of an order purporting to have been made under this Act or the regulations and purporting to have been signed by an employment standards officer or the Board; or (b) a document purporting to be a copy of a book, record or other document, or any extract therefrom, and purporting to be certified by an employment standards officer, is evidence of the order or document and the facts appearing in the order or document, without proof of the signature or official character of the person appearing to have signed the order or the certificate and without further proof. R.S.O. 1990, c. E.14, s. 80 (1); 1998, c. 8, s. 45. Certificate constitutes evidence (2) In any proceeding or prosecution under this Act, a certificate purporting to be signed by the Director certifying that an employer has failed to make any payment under an order issued under this Act is evidence of the failure to pay without further proof. R.S.O. 1990, c. E.14, s. 80 (2). Same, collectors (3) In any proceeding or prosecution, a certificate purporting to be signed by the Director certifying any of the following facts is evidence of the fact without further proof: 1. The Director has authorized a collector to collect amounts owing under the Act. 2. The Director has authorized the collector to collect a reasonable fee or reasonable disbursements or both under subsection 73.0.2 (2). 3. The Director has, or has not, imposed conditions on the authorization and has, or has not, determined what constitutes a reasonable fee and reasonable disbursements. The certificate may set out the details of the conditions and of the fee and disbursements. 4. The Director has approved a compromise or settlement under subsection 73.0.3 (2) or (3). Same, Director’s knowledge (4) In any proceeding or prosecution, a certificate purporting to be signed by the Director certifying the date on which the facts upon which the proceeding or prosecution is based first came to his or her knowledge is evidence of the contents of the certificate without further proof. 1996, c. 23, s. 30.
Where prosecution may be heard
81.A prosecution in respect of an offence under this Act or the regulations may, at the election of the prosecutor, be heard, tried and determined by the Ontario Court (Provincial Division) sitting in the area where the accused is resident or carries on business although the subject-matter of the offence did not arise in that area. R.S.O. 1990, c. E.14, s. 81.
Limitation, prosecutions
82.No prosecution under the Act shall be commenced more than two years after the facts upon which the prosecution is based first come to the knowledge of the Director. 1996, c. 23, s. 31.
Limitation, proceedings
82.1(1) No proceeding under the Act shall be commenced more than two years after the facts upon which the proceeding is based first come to the knowledge of the Director. 1996, c. 23, s. 31. Commencement of proceedings (2) A proceeding is commenced when the Director refers a report under subsection 69 (1), when an employment standards officer issues an order, when an employment standards officer notifies an affected person that the officer refuses to issue an order or when an employment standards officer is deemed to have done so under subsection 67 (2). 1996, c. 23, s. 31; 1998, c. 8, s. 46. No proceeding (3) No proceeding is commenced when a complaint is filed under the Act, when an application is made for a review of an order or when an application is made for a review of a refusal to issue an order. Non-application (4) Subsection (1) does not apply with respect to a civil action or an arbitration under a collective agreement. 1996, c. 23, s. 31.
Restriction on amendment or rescission
82.2(1) An employment standards officer shall not amend or rescind his or her order more than two years after the facts upon which the order is based first come to the knowledge of the Director. Exception (2) An employment standards officer may amend or rescind an order after the two-year period expires with the consent of the person required to comply with it and the person in respect of whom it is issued. 1996, c. 23, s. 31.
Restriction on recovery of money
82.3(1) In a prosecution or proceeding under the Act, no person is entitled to recover money that became due to the person more than six months before the date on which the facts upon which the prosecution or proceeding is based first come to the knowledge of the Director. Exception (2) Despite subsection (1), if a person’s entitlement under the Act comes to the knowledge of an employment standards officer when he or she is investigating the complaint of another person, the first person is entitled to recover money that became due to the first person not more than six months before the date on which the second person’s complaint is filed. Same (3) In a prosecution for a failure to pay wages to the Director in trust as required by an order, the person is entitled to recover all money due under the order despite subsection (1). Same (4) A person may recover money that became due before the date determined under subsection (1), (a) if the money became due to the person not more than one year before that date; (b) if, in the same prosecution or proceeding, the person is entitled to recover money that became due not more than six months before that date; and (c) if the money referred to in clauses (a) and (b) became due to the person by virtue of the same provision of the Act or the same provision of the contract of employment. Deeming (5) For the purposes of this section, money shall be deemed to have become due on the following date: 1. In the case of a failure to pay termination pay to the Director under subsection 57 (21), the date on which, had the required payment been made, the employee would have been deemed under clause 57 (21) (b) to have abandoned the right to be recalled. 2. In the case of a failure to pay severance pay to the Director under subsection 58 (12), the date on which, had the required payment been made, the employee would have been deemed under clause 58 (12) (b) to have abandoned the right to be recalled. Transition (6) If the facts upon which a proceeding or prosecution is based first come to the knowledge of the Director within 60 days after the day on which this section comes into force, the person may recover money that became due more than six months before the date determined under subsection (1) or (2), (a) if the money became due to the person not more than two years before the date determined under subsection (1) or (2); and (b) if it became due before the day on which this section comes into force. 1996, c. 23, s. 31.
Knowledge of the Director
82.4(1) The facts upon which a proceeding or prosecution is based shall be deemed to have first come to the knowledge of the Director on the following date in the following circumstances: 1. In the case of an employee who files a complaint under the Act, the date on which the Ministry receives the complaint in a written or electronic form approved by the Director. 2. In the case of an employee whose entitlement under the Act comes to the knowledge of an employment standards officer when he or she is investigating the complaint of another employee, the date on which the employee’s entitlement comes to the officer’s attention. 3. In the case of a failure to pay wages to the Director in trust as required by an order, the date that is 46 days after the order is delivered to the person required to pay or is served on the person. Same (2) Paragraph 1 of subsection (1) does not apply if an employee’s entitlement comes to the knowledge of an employment standards officer when the officer is investigating the complaint of another employee. 1996, c. 23, s. 31. 83.REPEALED: 1996, c. 23, s. 32. PART XVII   REGULATIONS
Same
83.REPEALED: 1996, c. 23, s. 32. PART XVII   REGULATIONS