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Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 15Modernization of the Canada Labour Code (continued)

SUBDIVISION BHead of Compliance and Enforcement (continued)

583 Subsection 246.6(1) of the Act is replaced by the following:

Marginal note:Enforcement of orders

  • 246.6 (1) Any person affected by an order of the Board under section 246.4, or the Head on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.

584 Subsection 247.5(4) of the Act is replaced by the following:

  • Marginal note:Exception

    (4) Despite subsection (1), an employee is not entitled to a leave of absence under this Division if, in the opinion of the Head, it would adversely affect public health or safety or would cause undue hardship to the employer if the employee, as an individual or as a member of a class of employees, were to take leave.

  • 585 (1) Subsections 247.99(1) to (6.1) of the Act are replaced by the following:

    Marginal note:Complaint

    • 247.99 (1) An employee who alleges that an employer has taken action against the employee in contravention of subsection 247.98(4) may make a complaint in writing to the Head.

    • Marginal note:Time for making complaint

      (2) Subject to subsection (3), the complaint shall be made to the Head not later than 90 days after the day on which the complainant knew, or in the Head’s opinion ought to have known, of the action or circumstances giving rise to the complaint.

    • Marginal note:Extension of time

      (3) The Head may extend the period of time referred to in subsection (2)

      • (a) if the Head is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the employee making the complaint believed the official had that authority; or

      • (b) in any other circumstance that is prescribed by regulation.

    • Marginal note:Head to assist parties

      (4) On receipt of a complaint made under subsection (1), the Head shall endeavour to assist the parties to the complaint to settle the complaint.

    • Marginal note:Complaint not settled within reasonable time

      (5) If a complaint is not settled under subsection (4) within the period that the Head considers to be reasonable in the circumstances, the Head must, on the written request of the employee who made the complaint that the complaint be referred to the Board, deliver to the Board the complaint made under subsection (1) and any other statements or documents that the Head has that relate to the complaint.

    • Marginal note:Notice

      (6) If the employee who made the complaint does not reply to a written communication from the Head within a period that the Head considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, have elapsed from the day on which the complaint was made, the Head may give written notice to the employee that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to make a written request that the complaint be referred to the Board.

    • Marginal note:Time limit

      (6.1) Subject to the regulations, if the employee to whom notice is given under subsection (6) does not, within the period set out in the notice, make a written request that the complaint be referred to the Board, the Head may deem the complaint to be withdrawn.

  • (2) Paragraph 247.99(7)(b) of the Act is replaced by the following:

    • (b) send a copy of the decision with the reasons for the decision to each party to the complaint and to the Head.

586 Subsection 247.991(3) of the Act is replaced by the following:

  • Marginal note:Enforcement of orders

    (3) Any person affected by an order of the Board under subsection 247.99(8), or the Head on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file a copy of the order in the Federal Court, exclusive of reasons.

  • 587 (1) Subsection 249(1) of the Act is replaced by the following:

    Marginal note:Delegation

    • 249 (1) Subject to any terms and conditions specified by the Minister, the Head may delegate to any qualified person or class of persons any of the powers the Head is authorized to exercise or any of the duties or functions the Head is authorized to perform for the purposes of this Part. The Head may make the delegation subject to any terms and conditions that the Head considers appropriate.

    • Marginal note:Certificate to be produced

      (1.1) The Head shall furnish to every person to whom powers, duties or functions are delegated under subsection (1) a certificate of authority and, when entering any place used in connection with a federal work, undertaking or business the person, shall, when requested, show the certificate to the person in charge of that place.

  • (2) The portion of subsection 249(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Powers of Head

      (2) For the purposes of this Part and the regulations, the Head may

  • (3) Paragraph 249(2)(d) of the English version of the Act is replaced by the following:

    • (d) require an employee to make full disclosure, production and delivery to the Head of all records, documents, statements, writings, books, papers, extracts therefrom or copies thereof or of other information, either orally or in writing, that are in the possession or under the control of the employee and that in any way relate to the wages, hours of work or conditions of his employment; and

  • (4) Subsections 249(3) to (8) of the Act are replaced by the following:

    • Marginal note:Right to enter premises

      (3) The Head may, at any reasonable time, enter on any place used in connection with a federal work, undertaking or business for the purpose of making an inspection authorized under subsection (2), and may, for that purpose, question any employee apart from his employer.

    • Marginal note:Reasonable assistance

      (4) The person in charge of any federal work, undertaking or business and every person employed in it or in connection with its operation shall give the Head all reasonable assistance to enable the Head to carry out the Head’s duties and functions under this Part or the regulations.

    • Marginal note:Head accompanied

      (5) The Head may, in carrying out the Head’s duties and functions, be accompanied or assisted by any persons that the Head considers necessary.

    • Marginal note:Evidence precluded — Head

      (6) The Head shall not be required to give testimony in any civil suit or civil proceedings, or in any proceeding under section 242, with regard to information obtained in carrying out those duties and functions.

    • Marginal note:Evidence precluded — other persons

      (7) No person to whom powers, duties or functions have been delegated under subsection (1), and no person who has accompanied or assisted such a person or the Head in carrying out their duties and functions, shall be required to give testimony in any civil suit or civil proceedings, or in any proceeding under section 242, with regard to information obtained in carrying out those duties and functions or in accompanying or assisting the person, except with the written permission of the Head.

    • Marginal note:Not liable

      (8) Neither the Head nor a person to whom powers, duties or functions have been delegated under subsection (1) is personally liable for anything done or omitted to be done by them in good faith under the authority or purported authority of this Part.

588 Section 250 of the Act is replaced by the following:

Marginal note:Administering oaths

250 The Head may administer all oaths and take and receive all affidavits and statutory declarations required with respect to the Head’s powers set out in subsection 249(2) and certify to the administration, taking or receiving of them.

589 Subsections 251(1) to (3) of the Act are replaced by the following:

Marginal note:Where underpayments found on inspection

  • 251 (1) If the Head finds that an employer has failed to pay an employee any wages or other amounts to which the employee is entitled under this Part, the Head may determine the difference between the wages or other amounts actually paid to the employee under this Part and the wages or other amounts to which the employee is entitled under this Part.

  • Marginal note:For greater certainty

    (1.1) For greater certainty, the Head may, when exercising the powers referred to in subsection (1), make any finding necessary to determine whether an employee is entitled to any wages or other amounts under this Part, including a finding that the employee was dismissed for just cause for the purposes of Division X or XI.

  • Marginal note:Evidence

    (1.2) If the employer fails to make or keep any record in respect of an employee that the employer is required to make or keep under this Part — or fails to allow the Head to examine, take extracts from or make copies of such a record — the Head may, when exercising the powers referred to in subsection (1), rely on any other available evidence.

  • Marginal note:Where amount of underpayment agreed to

    (2) If, under subsection (1), the Head determines that there is a difference between the wages or other amounts actually paid to an employee and the wages or other amounts to which the employee is entitled and the amount of that difference is agreed to in writing by the employee and his or her employer, the employer must, within five days after the date of the agreement, pay the amount

    • (a) to the employee on the direction of the Head; or

    • (b) to the Head.

  • Marginal note:Where amount paid to Head

    (3) If an employer pays the amount under subsection (2) to the Head, the Head must, without delay after receiving it, pay it over to the employee who is entitled to the amount.

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