PART IIIStandard Hours, Wages, Vacations and Holidays (continued)
DIVISION XVIAdministration and General (continued)
Offences and Punishment (continued)
Marginal note:Failure to comply with order
259 An employer that fails to comply with an order of a convicting court made under section 258 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $1,000 for each day during which the failure continues.
- R.S., 1985, c. L-2, s. 259
- R.S., 1985, c. 9 (1st Supp.), s. 20
- 2012, c. 19, s. 437
Marginal note:Imprisonment precluded in certain cases
259.1 (1) Where a person is convicted of an offence under this Part punishable on summary conviction, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment.
Marginal note:Recovery of penalties
(2) Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.
- R.S., 1985, c. 9 (1st Supp.), s. 20
Marginal note:Identity of complainants
(a) the disclosure is necessary for the purposes of a prosecution;
(b) the Head determines that the disclosure is in the public interest; or
(c) the Head determines that the disclosure is necessary for the investigation of the complaint to be carried out and the complainant consents to the disclosure in writing.
(2) If a determination is made under paragraph (1)(c) and the complainant refuses to provide their consent after being requested to do so in writing, the Head may deem the complaint to be withdrawn.
- R.S., 1985, c. L-2, s. 260
- 2018, c. 27, s. 503
- 2018, c. 27, s. 612
Marginal note:Civil remedy
261 No civil remedy of an employee against his employer for arrears of wages is suspended or affected by this Part.
- R.S., c. L-1, s. 73
262 Where by this Part or the regulations the Minister is authorized to make any order in respect of any matter, the order may be made to apply generally or in particular cases or to apply to classes of employees or industrial establishments.
- R.S., c. L-1, s. 74
263 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 and better protect employees’ rights under this Part, 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.
- R.S., 1985, c. L-2, s. 263
- 1996, c. 11, s. 68
- 2018, c. 27, s. 504
263.1 Unless they are repealed earlier, regulations made under section 263 are repealed on the fifth anniversary of the day on which they come into force.
- 2018, c. 27, s. 504
(a) requiring employers to keep records of wages, vacations, holidays and overtime of employees and of other particulars relevant to the purposes of this Part or any Division thereof;
(a.1) requiring employers to keep records relevant to the purposes of this Part in respect of persons who are excluded under subsection 167(1.2) from the application of all or any of this Part;
(a.2) respecting the information that an employer must provide to the Head for the purpose of establishing that the performance of activities referred to in subsection 167(1.2) fulfils the requirements of a program referred to in that subsection, and the circumstances in which an employer must provide it;
(a.3) specifying the circumstances in which a person who performs activities referred to in subsection 167(1.2) must provide to an employer the information referred to in paragraph (a.2);
(a.4) for the purpose of subsection 167(1.2), specifying or describing secondary or post-secondary educational institutions, vocational schools, or equivalent educational institutions outside Canada;
(b) designating any branch, section or other division of any federal work, undertaking or business as an industrial establishment for the purposes of this Part or any Division thereof;
(b.1) extending the application of this Part, in the manner and to the extent provided for in the regulations, to any class of persons;
(c) governing the production and inspection of records required to be kept by employers;
(d) for calculating and determining wages received by an employee in respect of his employment, including the monetary value of remuneration other than money and, for the purposes of any provision or provisions of this Part specified in the regulations, the regular rate of wages of employees;
(e) for calculating and determining the regular rate of wages, on an hourly basis, of employees who are paid on any basis of time other than hourly or who are not paid solely on a basis of time;
(e.1) respecting the calculation and payment of the wages and other amounts to which an employee whose wages are paid on a commission basis, on a salary plus commission basis or on any other basis other than time is entitled to under Divisions V, VII, VIII, X and XI;
(f) prescribing the maximum number of hours that may elapse between the commencement and termination of the working day of any employee;
(g) [Repealed, 2018, c. 27, s. 505]
(h) requiring an employer in any industrial establishment to notify employees, by the publication of such notices, in such manner as may be prescribed, of
(i) providing for the payment of any wages of an employee to the Head or to another person in the event that the employee cannot be found or in any other case;
(i.1) providing for the application of any provisions of this Part or of the regulations made under this Part to persons and, in relation to those persons, employers who are otherwise excluded under subsection 167(1.2) from the application of this Part and adapting those provisions for the purpose of applying them to those persons and those employers;
(j) providing for the establishment of consultative or advisory committees to advise the Minister on any matters arising in relation to the administration of this Part;
(j.1) prescribing the circumstances and conditions for the purposes of subsection 251.01(3);
(j.2) prescribing the circumstances under which a complaint is not to be rejected under paragraph 251.05(1)(c);
(j.3) prescribing the conditions that are to be met before a complaint may be rejected under paragraph 251.05(1)(c);
(j.4) prescribing periods for the purposes of subsection 251.05(1.1);
(j.5) if the Governor in Council is satisfied that doing so is necessary to reduce the strain on the health care system or any burden on employees, providing that any requirement or condition set out in any of subsections 181.1(2) and 204(2), sections 205.1 and 205.2 and subsections 206(1), 206.3(2), 206.4(2) and (2.1), 207.2(4) and 239(2) respecting a certificate issued by a health care practitioner does not apply, and providing for alternative requirements and conditions; and
(k) for any other matter or purpose that under this Part is required or permitted to be prescribed by regulation.
Marginal note:Incorporation of documents
(2) A regulation made under paragraph (1)(a.4) that incorporates by reference, in whole or in part, a document may incorporate the document, regardless of its source, as it exists on a certain date, as amended to a certain date or as amended from time to time.
- R.S., 1985, c. L-2, s. 264
- R.S., 1985, c. 9 (1st Supp.), s. 21
- 2012, c. 31, s. 229
- 2015, c. 36, s. 92
- 2017, c. 33, s. 218
- 2018, c. 27, s. 505
- 2018, c. 27, s. 613
- 2020, c. 12, s. 4
- Date modified: