PART IIIStandard Hours, Wages, Vacations and Holidays (continued)
DIVISION XVIAdministration and General (continued)
Orders — Review and Appeal (continued)
Marginal note:Head informed of appeal
251.111 (1) The Board shall inform the Head in writing when an appeal is brought under subsection 251.11(1) and provide the Head with a copy of the request for appeal.
Marginal note:Documents provided to Board — decision
(2) In an appeal under this Part, the Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of making the decision being appealed.
Marginal note:Documents provided to Board — order or notice
(3) In an appeal under subsection 251.101(7), the Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of issuing the order or notice being appealed.
Marginal note:Documents provided to Head
(4) The Board shall, on request of the Head, provide to the Head a copy of any document that is filed with the Board in the appeal.
Marginal note:Power of Head
(5) The Head may, in an appeal under this Part, present evidence and make representations to the Board.
Marginal note:Board decision
251.12 (1) The Board may, in an appeal under this Part, make any order that is necessary to give effect to its decision, including an order to
(a) confirm, rescind or vary, in whole or in part, the decision being appealed;
(b) direct payment to any specified person of any wages or other amounts held in trust by the Receiver General that relate to the appeal;
(c) award costs in the proceedings; and
(d) order a party, whose conduct in the proceedings has, in the Board’s opinion, unduly delayed the determination of the appeal, to pay to the Receiver General an amount that is equal to all or part of the expenses incurred in the proceedings by the Board.
Marginal note:Copies of decision to be sent
(2) The Board shall send a copy of the decision, with reasons, to each party to the appeal and to the Head.
Marginal note:Order final
(3) The order of the Board is final and shall not be questioned or reviewed in any court.
Marginal note:No review by certiorari, etc.
(4) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this section.
(5) An employee who has been summoned by the Board to attend at an appeal proceeding under this Part and who attends is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.
Marginal note:Debt to Her Majesty
(6) The expenses to be paid in accordance with an order issued under paragraph (1)(d) constitute a debt due to Her Majesty in right of Canada and are recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act.
General Provisions — Orders
Marginal note:Order to debtor of employer
251.13 (1) The Head may issue a written order to a person who is or is about to become indebted to an employer to whom a payment order has been issued under subsection 251.1(1), to pay any amount owing to the employer, up to the amount and the administrative fee indicated in the payment order, directly to the Head within 15 days, in satisfaction of the payment order.
Marginal note:Order to debtor of director of corporation
(1.1) The Head may issue a written order to a person who is or is about to become indebted to a director of a corporation to whom a payment order has been issued under subsection 251.1(1) to pay any amount owing to the director of the corporation, up to the amount indicated in the payment order, directly to the Head within 15 days, in satisfaction of the payment order.
Marginal note:Banks, etc.
(2) For the purposes of this section, a bank or other financial institution that has money on deposit to the credit of an employer or a director of a corporation shall be deemed to be indebted to that employer or that director.
Marginal note:Administrative fee
251.131 (1) A payment order made to an employer under subsection 251.1(1), and any decision made under subsection 251.101(3) or section 251.12 with respect to that payment order ordering the employer to pay wages or other amounts to an employee, shall specify the amount of the administrative fee — which is equal to the greater of $200 and 15% of the amounts indicated in the payment order or decision — that the employer is to pay.
(2) The employer is liable only for the administrative fee that is specified in a final decision and shall pay it — less any administrative fee paid under subsection 251.101(2) or 251.11(3) — to the Head. In the case of any overpayment, the employer is entitled to its reimbursement.
Marginal note:Debt to Her Majesty
(3) An administrative fee constitutes a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act, including under subsection 251.13(1) and section 251.15.
Marginal note:Return of security
251.132 The Head, after a final decision has been made in respect of which security was given,
(a) may apply, in whole or in part, the security given under subsection 251.101(2.1) or 251.11(3.1) toward any amounts — and, if the security was given by an employer, any administrative fee — owing under the final decision by the employer or a director of a corporation who gave the security; and
(b) shall return the security or, if it was applied under paragraph (a), any part that remains after the amounts and, in the case of an employer, the administrative fee have been paid.
Marginal note:Deposit of moneys
251.14 (1) If the Head receives moneys under this Division, the Head shall deposit those moneys to the credit of the Receiver General in the account known as the “Labour Standards Suspense Account” or in any other special account created for the purposes of this section and may authorize payments out of that account to any employee or other person who is entitled to that money.
Marginal note:Consolidated Revenue Fund
(1.1) The moneys that are equal to the administrative fees paid to the Head under this Part with respect to matters that are the subject of a final decision shall be debited from the account referred to in subsection (1) and credited to the Consolidated Revenue Fund no later than the fiscal year following the fiscal year in which the final decision is made.
(2) The Head shall maintain a detailed record of all transactions relating to the account.
Marginal note:Enforcement of orders
251.15 (1) Any person who is affected by a payment order issued under subsection 251.1(1) or confirmed or varied under subsection 251.101(3) or by an order of the Board made under subsection 251.12(1), or the Head, may, after the day provided in the order for compliance or after 15 days following the day on which the order is issued, made, confirmed or varied, whichever is later, file in the Federal Court a copy of the payment order, or a copy of the order of the Board, exclusive of reasons.
(1.1) However, a payment order is not to be filed while it is or may be the subject of a review under subsection 251.101(1) or an appeal under subsection 251.101(7) or section 251.11 or if an order of the Board is made under paragraph 251.12(1)(a) relating to the payment order.
Marginal note:Enforcement of orders to debtors
(2) After the expiration of the 15 day period specified in an order to a debtor of the employer or of the director of a corporation made under section 251.13, the Head may file a copy of the order in the Federal Court.
Marginal note:Registration of orders
(3) On the filing of a copy of an order in the Federal Court under subsection (1) or (2), the order shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the order were a judgment obtained in that Court.
251.16 The Governor in Council may make regulations respecting the operation of sections 251.001, 251.1, 251.101 and 251.13 to 251.15.
Marginal note:Statutory Instruments Act
251.17 The Statutory Instruments Act does not apply in respect of internal audit orders, compliance orders, payment orders, notices of unfounded complaint, notices of voluntary compliance or orders to debtors.
Marginal note:Civil liability of directors
251.18 Directors of a corporation are jointly and severally liable for wages and other amounts to which an employee is entitled under this Part, to a maximum amount equivalent to six months’ wages, to the extent that
(a) the entitlement arose during the particular director’s incumbency; and
(b) recovery of the amount from the corporation is impossible or unlikely.
- 1993, c. 42, s. 37
251.19 For the purposes of section 251.18 and subsection 257(3), cooperatives shall be deemed to be corporations.
- 1993, c. 42, s. 37
Information and Returns
Marginal note:Information and returns
252 (1) Every employer shall furnish any information that the Head may require that relate to their employees, including their wages, their hours of work and their general holidays, annual vacations and conditions of work as well as any returns that the Head may require.
Marginal note:Records to be kept
(2) Every employer shall make and keep for a period of at least 36 months after work is performed the records required to be kept by regulations made under paragraph 264(1)(a) and those records shall be available at all reasonable times for examination by the Head.
(3) Subsections (1) and (2) do not apply in respect of hours worked by employees who are
(a) excluded from the application of Division I under subsection 167(2); or
(b) exempt from the application of sections 169 and 171 pursuant to regulations made under paragraph 175(1)(b).
Marginal note:Notice to furnish information
253 (1) Where the Head is authorized to require a person to furnish information under this Part or the regulations, the Head may require the information to be furnished by a notice to that effect served by personal service, by registered mail addressed to the latest known address of the addressee, or by any other means prescribed by regulation, and that person
(a) if the notice is sent by registered mail, is deemed to have received the notice on the seventh day after the day on which it was mailed; and
(b) shall furnish the information within such reasonable time as is specified in the notice.
Marginal note:Proof of service
(2) A certificate purporting to be signed by the Head certifying that a notice was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the notice and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the notice has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.
Marginal note:Proof of failure to comply
(3) Where the Head is authorized to require a person to furnish information under this Part or the regulations, a certificate of the Head certifying that the information has not been furnished is admissible in evidence and in the absence of any evidence to the contrary is proof of the statements contained in it.
Marginal note:Proof of documents
(4) A certificate of the Head certifying that a document annexed to it is a document or a true copy of the document made by or on behalf of the Head shall be admitted in evidence and has the same force and effect as if it had been proven in the ordinary way.
Marginal note:Proof of authority
(5) A certificate under this section signed or purporting to be signed by the Head is admissible in evidence without proof of the Head’s appointment or signature.
Marginal note:Statutory Instruments Act
(6) The Statutory Instruments Act does not apply in respect of notices referred to in subsection (1).
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