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

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Act current to 2021-02-15 and last amended on 2021-01-01. Previous Versions

PART IVAdministrative Monetary Penalties (continued)

Appeal (continued)

Marginal note:Wages

 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.

  • 2017, c. 20, s. 377

Responsibility

Marginal note:Payment

 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.

  • 2017, c. 20, s. 377

Marginal note:Failure to act

 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.

  • 2017, c. 20, s. 377

Recovery of Penalties

Marginal note:Debt to Her Majesty

  •  (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.

  • 2017, c. 20, s. 377

Marginal note:Certificate

  •  (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.

  • 2017, c. 20, s. 377
  • 2018, c. 27, s. 620

General

Marginal note:Admissibility of documents

 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.

  • 2017, c. 20, s. 377

Marginal note:Burden of proof

 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.

  • 2017, c. 20, s. 377

Marginal note:Publication

 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.

  • 2017, c. 20, s. 377
  • 2018, c. 27, s. 621

Pilot Projects

Marginal note:Regulations

 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.

  • 2018, c. 22, s. 17

Marginal note:Repeal of regulations

 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.

  • 2018, c. 22, s. 17
 
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