50 (1) No employer or person acting on behalf of an employer shall, (a)  dismiss or threaten to dismiss a worker; (b)  discipline or suspend or threaten to discipline or suspend a worker; (c)  impose any penalty upon a worker; or (d)  intimidate or coerce a worker, because the worker has acted in compliance with this Act or the regulations or an order made thereunder, has sought the enforcement of this Act or the regulations or has given evidence in a proceeding in respect of the enforcement of this Act or the regulations or in an inquest under the Coroners Act.  R.S.O. 1990, c. O.1, s. 50 (1). Arbitration (2) Where a worker complains that an employer or person acting on behalf of an employer has contravened subsection (1), the worker may either have the matter dealt with by final and binding settlement by arbitration under a collective agreement, if any, or file a complaint with the Board in which case any rules governing the practice and procedure of the Board apply with all necessary modifications to the complaint.  1998, c. 8, s. 56 (1). Referral by inspector (2.1) Where the circumstances warrant, an inspector may refer a matter to the Board if the following conditions are met: 1.  The worker has not had the matter dealt with by final and binding settlement by arbitration under a collective agreement or filed a complaint with the Board under subsection (2). 2.  The worker consents to the referral.  2011, c. 11, s. 13 (1). Same (2.2) Any rules governing the practice and procedure of the Board apply with all necessary modifications to a referral made under subsection (2.1).  2011, c. 11, s. 13 (1). Referral not an order (2.3) A referral made under subsection (2.1) is not an order or decision for the purposes of section 61.  2011, c. 11, s. 13 (1). Inquiry by Board (3) The Board may inquire into any complaint filed under subsection (2) or referral made under subsection (2.1) and section 96 of the Labour Relations Act, 1995, except subsection (5), applies with all necessary modifications as if such section, except subsection (5), is enacted in and forms part of this Act.  1998, c. 8, s. 56 (1); 2011, c. 11, s. 13 (2). Same (4) On an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), sections 110, 111, 114 and 116 of the Labour Relations Act, 1995
apply with all necessary modifications.  1998, c. 8, s. 56 (1); 2011, c. 11, s. 13 (3). Rules to expedite proceedings (4.1) The chair of the Board may make rules under subsection 110 (18) of the Labour Relations Act, 1995 to expedite proceedings relating to a complaint filed under subsection (2) or a referral made under subsection (2.1).  2011, c. 11, s. 13 (4). Same (4.2) Subsections 110 (20), (21) and (22) of the
Labour Relations Act, 1995 apply, with necessary modifications, to rules made under subsection (4.1).  2011, c. 11, s. 13 (4); 2018, c. 14, Sched. 2, s. 21. Onus of proof (5) On an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), the burden of proof that an employer or person acting on behalf of an employer did not act contrary to subsection (1) lies upon the employer or the person acting on behalf of the employer.  R.S.O. 1990, c. O.1, s. 50 (5); 1998, c. 8, s. 56 (2); 2011, c. 11, s. 13 (5). Jurisdiction when complaint by public servant (6) The Board shall exercise jurisdiction under this section when a complaint filed under subsection (2) or a referral made under subsection (2.1) is in respect of a worker who is a public servant within the meaning of the Public Service of Ontario Act, 2006.  2011, c. 11, s. 13 (6). Board may substitute penalty (7) Where on an inquiry by the Board into a complaint filed under subsection (2) or a referral made under subsection (2.1), the Board determines that a worker has been discharged or otherwise disciplined by an employer for cause and the contract of employment or the collective agreement, as the case may be, does not contain a specific penalty for the infraction, the Board may substitute such other penalty for the discharge or discipline as to the Board seems just and reasonable in all the circumstances.  1995, c. 1, s. 84 (1); 1998, c. 8, s. 56 (4); 2011, c. 11, s. 13 (7). Note: A complaint under subsection 50 (2) in which a final decision has not been issued on November 10, 1995 shall be decided as if subsection 50 (7), as re-enacted by the Statutes of Ontario, 1995, chapter 1, subsection 84 (1), were in force at all material times.  See: 1995, c. 1, s. 84 (2). Exception (8) Despite subsections (2) and (2.1), a person who is subject to a rule or code of discipline under the Police Services Act shall have his or her complaint in relation to an alleged contravention of subsection (1) dealt with under that Act.  R.S.O. 1990, c. O.1, s. 50 (8); 2011, c. 11, s. 13 (8). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (8) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 39 (2)) Exception (8) Despite subsections (2) and (2.1), a police officer under the Community Safety and Policing Act, 2019 shall have his or her complaint in relation to an alleged contravention of subsection (1) dealt with under section 191 of that Act, with necessary modifications. 2019, c. 1, Sched. 4, s. 39 (2). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 84 (1-2) - 10/11/1995 1998, c. 8, s. 56 (1-4) - 29/06/1998 2006, c. 35, Sched. C, s. 93 (5) - 20/08/2007 2011, c. 11, s. 13 - 01/04/2012 2018, c. 3, Sched. 5, s. 41 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019; 2018, c. 14, Sched. 2, s. 21 - 21/11/2018 2019, c. 1, Sched. 4, s. 39 (2) - not in force Offices of the Worker and Employer Advisers