Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
Full Document:
Assented to 2017-06-22
362 The Act is amended by adding the following after section 251.1:
Inspector’s Orders — Review and Appeal
363 (1) Subsection 251.101(1) of the Act is replaced by the following:
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.
(2) Subsection 251.101(1) of the Act is replaced by the following:
Marginal note:Request for review
251.101 (1) An employer to whom a compliance order has been issued or 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
(a) subject to paragraph (b), within 15 days after the day on which the order or a copy of the order or the notice is served; or
(b) if a compliance order is served with a notice of violation issued under subsection 276(1) for the same contravention, within 30 days after the day on which they are served.
(3) Subsection 251.101(2) of the Act is replaced by the following:
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).
(4) Subsections 251.101(3) to (5) of the Act are replaced by the following:
Marginal note:Review
(3) On receipt of the request for review, the Minister may, in writing,
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.
(5) Paragraph 251.101(3)(a) of the Act is replaced by the following:
(a) confirm, rescind or vary, in whole or in part, the payment order or the compliance order; or
(6) Subsection 251.101(4) of the Act is replaced by the following:
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 or, in the case of a compliance order, on the employer. If the decision is served by registered mail, it shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.
(7) Subsection 251.101(7) of the Act is replaced by the following:
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 the request for review shall be considered to be an appeal for the purposes of section 251.12.
(8) Subsection 251.101(7) of the Act is replaced by the following:
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.
(9) Subsection 251.101(7) of the Act is replaced by the following:
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 — or, in the case of a compliance order, the employer — 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.
364 (1) Subsection 251.11(1) of the Act is replaced by the following:
Marginal note:Appeal
251.11 (1) A person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary compliance, may appeal the decision to the Minister, in writing, within 15 days after the day on which the decision is served, but only on a question of law or jurisdiction.
(2) Subsection 251.11(1) of the Act is replaced by the following:
Marginal note:Appeal
251.11 (1) A person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary compliance, may appeal the decision to the Board, in writing, within 15 days after the day on which the decision is served, but only on a question of law or jurisdiction.
(3) Subsection 251.11(1) of the Act is replaced by the following:
Marginal note:Appeal
251.11 (1) Subject to subsection (1.1), a person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary compliance, may appeal the decision to the Board, in writing, within 15 days after the day on which the decision is served.
Marginal note:Exception — compliance order
(1.1) Only an employer to whom a compliance order has been issued may appeal a decision with respect to that order.
Marginal note:Scope of appeal
(1.2) Except in the case of a compliance order, the person may appeal the decision only on a question of law or jurisdiction.
(4) Subsection 251.11(3) of the Act is replaced by the following:
Marginal note:Payment of amount and administrative fee
(3) An employer or director of a corporation is not permitted to appeal a decision confirming or varying a payment order unless the employer or director pays to the Minister the amount indicated in the decision — and, in the case of an employer, the administrative fee specified in the decision in accordance with subsection 251.131(1) — less any amount and administrative fee paid under subsection 251.101(2).
Marginal note:Security
(3.1) 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 (3).
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