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

• 590 (1) The portion of subsection 251.001(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Internal audit order

  • 251.001 (1) Subject to the regulations, the Head may, in writing, for the purpose of verifying compliance or preventing non-compliance with this Part, order an employer to, in accordance with the order,

• (2) Paragraph 251.001(1)(b) of the Act is replaced by the following:

  • (b) provide a report of the results of the audit to the Head.

• (3) The portion of subsection 251.001(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Contents of order

    (2) The Head shall, in the internal audit order, specify

• (4) Subsection 251.001(3) of the Act is replaced by the following:

  • Marginal note:Information to include in report

    (3) The Head may also specify in the order that the report is to contain any information that the Head considers appropriate.

• (5) Subsection 251.001(5) of the Act is replaced by the following:

  • Marginal note:Proof of service

    (5) A certificate purporting to be signed by the Head certifying that a document 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 document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document 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.

• 591 (1) The portion of subsection 251.01(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Making of complaint

  • 251.01 (1) Any employee may make a complaint in writing to the Head if they believe that the employer has contravened

• (2) The portion of subsection 251.01(3) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Extension of time

    (3) The Head may, subject to the regulations, extend the period set out in subsection (2)

    • (a) if the Head is satisfied that a complaint was made within that period to a government official who had no authority to deal with the complaint and that the person making the complaint believed the official had that authority;

• 592 (1) Subsection 251.02(1) of the Act is replaced by the following:

  Marginal note:Suspension of complaint

  • 251.02 (1) If the Head is satisfied that the employee must take measures before the Head may continue to deal with the complaint made under section 251.01, the Head may, at any time, suspend consideration of the complaint, in whole or in part.

• (2) The portion of subsection 251.02(2) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Notice

    (2) If the Head suspends consideration of a complaint, the Head must notify the employee in writing and specify in the notice

• (3) Subsection 251.02(3) of the English version of the Act is replaced by the following:

  • Marginal note:Extension of time

    (3) The Head may, upon request, extend the time period specified in the notice.

• (4) Subsection 251.02(4) of the Act is replaced by the following:

  • Marginal note:End of suspension

    (4) The suspension ends when, in the Head’s opinion, the measures specified in the notice have been taken.

593 Sections 251.03 and 251.04 of the Act are replaced by the following:

• 594 (1) The portion of subsection 251.05(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Rejection of complaint

  • 251.05 (1) The Head may reject a complaint made under section 251.01, in whole or in part,

• (2) The portion of paragraph 251.05(1)(a) of the English version of the Act before subparagraph (i) is replaced by the following:

  • (a) if the Head is satisfied

• (3) Subparagraph 251.05(1)(a)(iv) of the English version of the Act is replaced by the following:

  • (iv) that there are other means available to the employee to resolve the subject-matter of the complaint that the Head considers should be pursued,

• (4) Paragraph 251.05(1)(b) of the English version of the Act is replaced by the following:

  • (b) if consideration of the complaint was suspended under subsection 251.02(1) and if, in the Head’s opinion, the other measures specified in the notice under subsection 251.02(2) were not taken within the specified time period.

• (5) Subsections 251.05(1.1) to (6) of the Act are replaced by the following:

  • Marginal note:Notice

    (1.1) If the employee 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 indicate in writing that they wish to pursue their complaint.

  • Marginal note:Notice of rejection of complaint

    (2) If a complaint has been rejected, the Head shall notify the employee in writing, with reasons.

  • Marginal note:Request for review

    (3) The employee may, within 15 days after the day on which the employee is notified of the rejection, request in writing, with reasons, that the Head review the Head’s decision.

  • Marginal note:Review

    (4) The Head may confirm the decision, or rescind it and re-examine the complaint.

  • Marginal note:Notice of Head’s decision

    (5) The Head shall notify the employee in writing of the Head’s decision.

  • Marginal note:Reconsideration final

    (6) The Head’s confirmation or rescission is final and conclusive and is not subject to appeal to or review by any court.