Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Continuing violation

278 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:Violation or offence

• 279 (1) Proceeding with any act or omission as a violation under this Part precludes proceeding with it as an offence under Part II or III, and proceeding with it as an offence under Part II or III precludes proceeding with it as a violation under this Part.

• Marginal note:For greater certainty

  (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

Marginal note:Limitation period

280 No notice of violation in respect of a violation may be issued more than two years after the day on which the subject-matter of the violation arises.

Reviews

Marginal note:Request for review

281 A person or a department that is served with a notice of violation may, within 30 days after the day on which the notice is served, or within any longer period that the Head allows, make a request, in the manner prescribed by regulation, to the Head for a review of the penalty or the facts of the alleged violation, or both.

Marginal note:Variation or cancellation of notice of violation

282 At any time before a request for review in respect of a notice of violation comes before the Head, a person designated under paragraph 271(b) may cancel the notice of violation or correct an error in it.

Marginal note:Review

• 283 (1) On receipt of a request for review made under section 281, the Head shall conduct the review of the notice of violation.

• Marginal note:Rules of procedure

  (2) The Head may make rules governing the procedure with respect to reviews under this Part.

• Marginal note:Request treated as an appeal

  (3) The Head may, if the Head considers it appropriate in the circumstances, treat the request for review as an appeal, in which case the Head shall so inform the applicant and refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of this Part.

Marginal note:Object of review

• 284 (1) The Head shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the applicant committed the violation, or both.

• Marginal note:Correction of penalty

  (2) If the Head determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Head shall correct the amount of the penalty.

• Marginal note:Decision

  (3) The Head shall make a decision in writing and serve the applicant with a copy of the decision, with reasons.

• Marginal note:Copy given by employer

  (4) If a decision is made with respect to a notice of violation referred to in subsection 276(3), the employer shall, without delay, give a copy of the decision to the work place committee or health and safety representative, as those terms are defined in subsection 122(1).

• Marginal note:Obligation to pay

  (5) If the Head determines that the applicant committed the violation, the applicant is liable for the penalty that is set out in the decision.

• Marginal note:Decision final

  (6) Subject to the right of appeal under section 285, every decision made under this section is final and shall not be questioned or reviewed in any court.

Appeal

Marginal note:Appeal

• 285 (1) A person or a department may appeal a decision referred to in section 284 to the Board, in writing, within 15 days after the day on which the decision is served.

• Marginal note:Grounds of appeal

  (2) The request for appeal shall contain a statement of the grounds of appeal.

Marginal note:Head informed of appeal

• 286 (1) The Board shall inform the Head in writing when an appeal is brought under subsection 285(1) and provide the Head with a copy of the request for appeal.

• Marginal note:Documents provided to Board

  (2) 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 Head

  (3) 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

  (4) The Head may, in an appeal, present evidence and make representations to the Board.

Marginal note:Object of appeal

• 287 (1) In an appeal under this Part, the Board shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the appellant committed the violation, or both.

• Marginal note:Correction of penalty

  (2) If the Board determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Board shall correct the amount of the penalty.

• Marginal note:Decision

  (3) The Board shall make a decision in writing and provide the appellant and the Head with a copy of the decision, with reasons.

• Marginal note:Copy given by employer

  (4) If a decision is made with respect to a notice of violation referred to in subsection 276(3), the employer shall, without delay, give a copy of the decision to the work place committee or health and safety representative, as those terms are defined in subsection 122(1).

• Marginal note:Obligation to pay

  (5) If the Board determines that the appellant committed the violation, the appellant is liable for the penalty that is set out in the decision.

• Marginal note:Decision final

  (6) Every decision made under this section is final and shall not be questioned or reviewed in any court.

• Marginal note:No review by certiorari, etc.

  (7) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this section.

Marginal note:Wages

288 An employee who has been summoned by the Board to attend at an appeal proceeding under this Part and who attends is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.

Responsibility

Marginal note:Payment

289 If a person or a department pays the penalty set out in a notice of violation, the person or the department is considered to have committed the violation and proceedings in respect of it are ended.

Marginal note:Failure to act

290 A person or a department that neither pays a penalty imposed under this Part nor requests a review or an appeal in the specified time is considered to have committed the violation and is liable for the penalty.

Recovery of Penalties

Marginal note:Debt to Her Majesty

• 291 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction.

• Marginal note:Limitation period

  (2) No proceedings to recover the debt may be instituted more than five years after the day on which the debt becomes payable.

Marginal note:Certificate

• 292 (1) The Head may issue a certificate certifying the unpaid amount of any debt referred to in subsection 291(1).

• Marginal note:Registration

  (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

General

Marginal note:Admissibility of documents

293 In the absence of evidence to the contrary, a document that appears to be a notice of violation issued under subsection 276(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

Marginal note:Burden of proof

294 If the facts of a violation are reviewed or appealed, the person who issued the notice of violation shall establish, on a balance of probabilities, that the applicant or the appellant committed the violation.

Marginal note:Publication

295 The Head may, subject to the regulations, make public the name of an employer who committed a violation under this Part, the nature of the violation, the amount of the penalty imposed and any other information prescribed by regulation.

Pilot Projects

Marginal note:Regulations

296 Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve compliance with Parts II and III of this Act, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project, and adapting any such provision for the purposes of that application.

Marginal note:Repeal of regulations

297 Unless they are repealed earlier, regulations made under section 296 are repealed on the fifth anniversary of the day on which they come into force.