Canada Labour Code

Marginal note:Internal audit order

• 251.001 (1) Subject to the regulations, the Minister 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,

  • (a) conduct an internal audit of its practices and books, payrolls and other records to determine whether the employer is in compliance with any provision of this Part or the regulations; and

  • (b) provide a report of the results of the audit to the Minister and to any inspector named in the order.

• Marginal note:Contents of order

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

  • (a) any industrial establishment and class of employees to which it applies;

  • (b) the period of time to be covered by the internal audit;

  • (c) the provisions of this Part or the regulations with respect to which the internal audit was ordered;

  • (d) the date by which the employer is to provide the report; and

  • (e) the form of the report.

• Marginal note:Information to include in report

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

• Marginal note:Service

  (4) Service of the order or of a copy of it shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order or its copy shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.

• Marginal note:Proof of service

  (5) A certificate purporting to be signed by the Minister 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.

• Marginal note:Report — non-compliance

  (6) If the employer determines that it had not complied with any provision referred to in the order, the employer shall set out in the report the nature of the employer’s non-compliance and the steps that have been or will be taken by the employer to comply with the provision.

• Marginal note:Report — wages and other amounts

  (7) If the employer determines that any wages or other amounts to which an employee is entitled under this Part are owed, the employer shall also state in the report the name of the employee, the amount owed for the period of time covered by the internal audit, the method used to determine the amount owed and any payment subsequently made to the employee with respect to that amount owed.

• Marginal note:Inspection and complaint not precluded

  (8) For greater certainty, nothing in this section precludes an inspection from being made, or a complaint from being dealt with, under this Part.

• Marginal note:False information

  (9) No employer shall make a false or misleading statement in a report.