Canada Labour Code

Marginal note:Request for review

• 251.101 (1) A person who is affected by a payment order, a notice of unfounded complaint or a notice of voluntary compliance may send a written request with reasons for a review of the inspector’s decision to the Minister within 15 days after the day on which the order or a copy of the order or the notice is served.

• Marginal note:Payment of amount and administrative fee

  (2) An employer or a director of a corporation is not permitted to request a review of a payment order unless the employer or director pays to the Minister the amount indicated in the payment order and, in the case of an employer, the administrative fee specified in the payment order in accordance with subsection 251.131(1), subject to, in the case of a director, the maximum amount of the director’s liability under section 251.18.

• Marginal note:Security

  (2.1) The Minister may allow an employer or a director of a corporation to give security, in a form satisfactory to the Minister and on any conditions specified by the Minister, for all or part of the amount and fee referred to in subsection (2).

• Marginal note:Review

  (3) On receipt of the request for review, the Minister may, in writing,

  • (a) confirm, rescind or vary, in whole or in part, the payment order; or

  • (b) confirm the notice of unfounded complaint or the notice of voluntary compliance, or rescind the notice, in which case the Minister shall direct an inspector to re-examine the complaint.

• Marginal note:Service of documents

  (4) Service of a decision made under subsection (3) shall be by personal service, by registered mail or by any other means prescribed by regulation on any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance and, in the case of registered mail, the decision shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.

• Marginal note:Proof of service

  (5) A certificate purporting to be signed by the Minister certifying that a decision referred to in subsection (4) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the decision and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the decision 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:Review is final

  (6) Subject to the right of appeal under section 251.11, the decision made under subsection (3) is final and conclusive and is not subject to appeal to or review by any court.

• Marginal note:Request treated as an appeal

  (7) The Minister may, if the Minister considers it appropriate in the circumstances, treat the request for review as an appeal of the inspector’s decision, in which case the Minister shall so inform any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance and shall refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of section 251.12.