PART IIIASSESSMENT OF MONETARY PENALTIES
35. (1) Every private sector employer commits a violation of this Act who
(a) without reasonable excuse, fails to file an employment equity report as required by section 18;
(b) without reasonable excuse, fails to include in the employment equity report any information that is required, by section 18 and the regulations, to be included; or
(c) provides any information in the employment equity report that the employer knows to be false or misleading.
Marginal note:Continuing violations
(2) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
Marginal note:Violations not offences
(3) A violation is not an offence and accordingly the Criminal Code does not apply in respect of a violation.
Marginal note:Assessment of monetary penalty
36. (1) The Minister may, within two years after the day on which the Minister becomes aware of a violation, issue a notice of assessment of a monetary penalty in respect of the violation and send it by registered mail to the private sector employer.
(2) The amount of a monetary penalty shall not exceed
(a) $10,000 for a single violation; and
(b) $50,000 for repeated or continued violations.
Marginal note:Factors to be considered
(3) In assessing the amount of a monetary penalty, the Minister shall take into account
(a) the nature, circumstances, extent and gravity of the violation; and
(b) the wilfulness or intent of the private sector employer and the employer’s history of prior violations.
Marginal note:Notice of assessment of monetary penalty
37. A notice of the assessment of a monetary penalty shall
(a) identify the alleged violation;
(b) specify the amount of the monetary penalty; and
(c) specify the place where the employer may pay the monetary penalty.
Marginal note:Employer’s options
38. (1) An employer may, not later than thirty days after receiving a notice of assessment of a monetary penalty,
(a) comply with the notice; or
(b) contest the assessment of the monetary penalty by making a written application to the Minister for a review, by a Tribunal, of that assessment.
Marginal note:Copy of application
(2) If the Minister receives a written application, the Minister shall send a copy of it to the Chairperson.
Marginal note:Copy of notice of assessment
(3) If an employer who is issued a notice of assessment of a monetary penalty fails to exercise one of the options set out in subsection (1) within the period referred to in that subsection, the Minister shall send a copy of the notice to the Chairperson.
- 1995, c. 44, s. 38;
- 1998, c. 9, s. 40.
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