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

Marginal note:Head informed of appeal

• 251.111 (1) The Board shall inform the Head in writing when an appeal is brought under subsection 251.11(1) and provide the Head with a copy of the request for appeal.

• Marginal note:Documents provided to Board — decision

  (2) In an appeal under this Part, the Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of making the decision being appealed.

• Marginal note:Documents provided to Board — order or notice

  (3) In an appeal under subsection 251.101(7), the Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of issuing the order or notice being appealed.

• Marginal note:Documents provided to Head

  (4) The Board shall, on request of the Head, provide to the Head a copy of any document that is filed with the Board in the appeal.

• Marginal note:Power of Head

  (5) The Head may, in an appeal under this Part, present evidence and make representations to the Board.

• Marginal note:Copies of decision to be sent

  (2) The Board shall send a copy of the decision, with reasons, to each party to the appeal and to the Head.

Marginal note:Order to debtor of employer

• 251.13 (1) The Head may issue a written order to a person who is or is about to become indebted to an employer to whom a payment order has been issued under subsection 251.1(1), to pay any amount owing to the employer, up to the amount and the administrative fee indicated in the payment order, directly to the Head within 15 days, in satisfaction of the payment order.

• Marginal note:Order to debtor of director of corporation

  (1.1) The Head may issue a written order to a person who is or is about to become indebted to a director of a corporation to whom a payment order has been issued under subsection 251.1(1) to pay any amount owing to the director of the corporation, up to the amount indicated in the payment order, directly to the Head within 15 days, in satisfaction of the payment order.

• Marginal note:Payment

  (2) The employer is liable only for the administrative fee that is specified in a final decision and shall pay it — less any administrative fee paid under subsection 251.101(2) or 251.11(3) — to the Head. In the case of any overpayment, the employer is entitled to its reimbursement.

Marginal note:Return of security

251.132 The Head, after a final decision has been made in respect of which security was given,

Marginal note:Deposit of moneys

• 251.14 (1) If the Head receives moneys under this Division, the Head shall deposit those moneys to the credit of the Receiver General in the account known as the “Labour Standards Suspense Account” or in any other special account created for the purposes of this section and may authorize payments out of that account to any employee or other person who is entitled to that money.

• Marginal note:Consolidated Revenue Fund

  (1.1) The moneys that are equal to the administrative fees paid to the Head under this Part with respect to matters that are the subject of a final decision shall be debited from the account referred to in subsection (1) and credited to the Consolidated Revenue Fund no later than the fiscal year following the fiscal year in which the final decision is made.

• Marginal note:Record

  (2) The Head shall maintain a detailed record of all transactions relating to the account.

Marginal note:Information and returns

• 252 (1) Every employer shall furnish any information that the Head may require that relate to their employees, including their wages, their hours of work and their general holidays, annual vacations and conditions of work as well as any returns that the Head may require.

• Marginal note:Records to be kept

  (2) Every employer shall make and keep for a period of at least 36 months after work is performed the records required to be kept by regulations made under paragraph 264(1)(a) and those records shall be available at all reasonable times for examination by the Head.

Marginal note:Notice to furnish information

• 253 (1) Where the Head is authorized to require a person to furnish information under this Part or the regulations, the Head may require the information to be furnished by a notice to that effect served by personal service, by registered mail addressed to the latest known address of the addressee, or by any other means prescribed by regulation, and that person

  • (a) if the notice is sent by registered mail, is deemed to have received the notice on the seventh day after the day on which it was mailed; and

  • (b) shall furnish the information within such reasonable time as is specified in the notice.

• Marginal note:Proof of service

  (2) A certificate purporting to be signed by the Head certifying that a notice was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the notice and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the notice 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:Proof of failure to comply

  (3) Where the Head is authorized to require a person to furnish information under this Part or the regulations, a certificate of the Head certifying that the information has not been furnished is admissible in evidence and in the absence of any evidence to the contrary is proof of the statements contained in it.

• Marginal note:Proof of documents

  (4) A certificate of the Head certifying that a document annexed to it is a document or a true copy of the document made by or on behalf of the Head shall be admitted in evidence and has the same force and effect as if it had been proven in the ordinary way.

• Marginal note:Proof of authority

  (5) A certificate under this section signed or purporting to be signed by the Head is admissible in evidence without proof of the Head’s appointment or signature.