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Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

Assented to 2017-06-22

PART 4Various Measures (continued)

DIVISION 17Labour and Employment Laws (continued)

2005, c. 47, s. 1Wage Earner Protection Program Act

378 Subsection 2(1) of the Wage Earner Protection Program Act is amended by adding the following in alphabetical order:

Board

Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code. (Conseil)

379 The heading before section 14 and sections 14 and 15 of the Act are replaced by the following:

Appeal to Board

Marginal note:Board

13.1 For the purposes of sections 14 to 20, the Board is considered to be composed of only the Chairperson and Vice-Chairpersons as its members.

Marginal note:Appeal on question of law or jurisdiction

  • 14 (1) The applicant may appeal the decision made by the Minister under section 12 to the Board only on a question of law or jurisdiction.

  • Marginal note:Regulations

    (2) The Board may make regulations respecting the period during which and the manner in which an appeal may be made.

Marginal note:Assignment or appointment

  • 14.1 (1) The Chairperson of the Board may assign a member of the Board or appoint an external adjudicator to determine an appeal that comes before the Board.

  • Marginal note:Powers, duties and functions

    (2) A member of the Board and an external adjudicator have all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter that has been assigned to them or for which they have been appointed, as the case may be, other than the power referred to in subsection 14(2).

  • Marginal note:Decision of member or external adjudicator

    (3) A decision made by a member of the Board or an external adjudicator under this Act is deemed to be a decision made by the Board.

  • Marginal note:Limitation of liability

    (4) A member of the Board and an external adjudicator are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.

  • Marginal note:Remuneration and expenses — external adjudicator

    (5) An external adjudicator shall be paid the remuneration and the fees that may be fixed by the Chairperson of the Board and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.

Marginal note:Minister informed of appeal

  • 15 (1) The Board shall inform the Minister in writing when an appeal is brought and provide him or her with a copy of the request for appeal.

  • Marginal note:Documents provided to Board

    (2) The Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision being appealed.

  • Marginal note:Documents provided to Minister

    (3) The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.

  • Marginal note:Power of Minister

    (4) The Minister may, in an appeal, make representations to the Board in writing.

380 Sections 17 to 20 of the Act are replaced by the following:

Marginal note:Board’s decision

17 The Board may confirm, vary or rescind the decision made by the Minister under section 12. If the Board varies the decision, the Minister shall make any payment resulting from the variation.

Marginal note:Copies of decision

18 The Board shall send a copy of its decision, and the reasons for it, to each party to the appeal and to the Minister.

Marginal note:No review by certiorari, etc.

19 No order may be made to review, prohibit or restrain and no process entered or proceeding taken to question, review, prohibit or restrain in any court — whether by way of injunction, certiorari, prohibition, quo warranto or otherwise — an action of the Board under this Act.

Marginal note:Decision is final

20 The Board’s decision is final and shall not be questioned or reviewed in any court.

381 Paragraph 41(g) of the Act is replaced by the following:

  • (g) respecting the period during which and the manner in which a review may be requested under section 11;

Transitional Provisions

Marginal note:Appeals — subsection 146(1)

382 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under subsection 146(1) of that Act.

Marginal note:Complaints — subsection 240(1)

383 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any complaint made before that day under subsection 240(1) of that Act.

Marginal note:Complaints relating to reprisal

384 Division XIV.1 of Part III of the Canada Labour Code does not apply with respect to reprisals carried out before the day on which this section comes into force.

Marginal note:Evidence

385 Subsection 251(1.2) of the Canada Labour Code does not apply with respect to an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.

Marginal note:Compliance orders

386 Section 251.06 of the Canada Labour Code does not apply to contraventions committed before the day on which this section comes into force.

Marginal note:Review and appeal

387 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any request for appeal made before that day under subsection 251.11(1) of that Act and any request for review that the Minister of Labour has decided, before that day, to treat as an appeal under subsection 251.101(7) of that Act.

Marginal note:Order to debtor of director of corporation

388 Subsection 251.13(1.1) of the Canada Labour Code does not apply with respect to a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.

Marginal note:Administrative fee

389 Section 251.131 of the Canada Labour Code does not apply with respect to

  • (a) a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act; or

  • (b) a decision made under section 251.101 or 251.12 of that Act relating to the payment order.

Marginal note:Part IV of the Canada Labour Code

390 Part IV of the Canada Labour Code does not apply to violations committed before the day on which this section comes into force.

Marginal note:Appeals — eligibility to receive payments

391 The Wage Earner Protection Program Act, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under section 14 of that Act.

Marginal note:Persons who occupy a position

  • 392 (1) All of the persons who occupy a position within the Department of Employment and Social Development and carry out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of appeals officers under Part II of the Canada Labour Code or those of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act immediately before the day on which this section comes into force occupy their position within the Administrative Tribunals Support Service of Canada beginning on a day to be fixed by order of the Governor in Council.

  • Marginal note:No change in status

    (2) Nothing in subsection (1) is to be construed as affecting the status of such a person, except that the person, beginning on the day fixed by the order referred to in subsection (1), occupies their position within the Administrative Tribunals Support Service of Canada.

  • Marginal note:Transfer of money

    (3) Any money that is appropriated by an Act of Parliament, for the fiscal year that includes the day fixed by the order referred to in subsection (1), to defray any charges and expenses of the Department of Employment and Social Development related to an appeal under Part II or III of the Canada Labour Code or to the powers, duties and functions of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act and that is unexpended on that day is deemed, on that day, to be an amount appropriated to defray the charges and expenses of the Administrative Tribunals Support Service of Canada.

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