Canada Labour Code
Marginal note:Payment order
251.1 (1) Where an inspector finds that an employer has not paid an employee wages or other amounts to which the employee is entitled under this Part, the inspector may issue a written payment order to the employer, or, subject to section 251.18, to a director of a corporation referred to in that section, ordering the employer or director to pay the amount in question, and the inspector shall send a copy of any such payment order to the employee at the employee’s latest known address.
(1.1) A payment order must not relate to wages or other amounts to which the employee is entitled for the period preceding
(a) in the case where the employee made a complaint under subsection 251.01(1) that was not rejected under subsection 251.05(1), the 12 months before the day on which the complaint was made or, if there was a termination of employment prior to the complaint being made, the 12 months before the date of termination; and
(b) in any other case, the 12 months before the day on which an inspection under this Part, during the course of which the inspector made the finding referred to in subsection (1), began.
Marginal note:Unpaid vacation pay
(1.2) In respect of unpaid vacation pay, a reference to a period of 12 months in subsection (1.1) shall be read as a reference to a period of 24 months.
Marginal note:If complaint unfounded
(2) An inspector dealing with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part shall notify the employee in writing that their complaint is unfounded if the inspector concludes that the employer has paid to the employee all wages and other amounts to which the employee is entitled under this Part for the period of six months set out in paragraph 251.01(2)(a) or for the extended period provided for in subsection 251.01(3).
Marginal note:Service of documents
(3) Service of a payment order or a copy thereof pursuant to subsection (1), or of a notice of unfounded complaint pursuant to subsection (2), shall be by personal service or by registered or certified mail and, in the case of registered or certified mail, the document 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 of documents
(4) A certificate purporting to be signed by the Minister certifying that a document referred to in subsection (3) was sent by registered or certified mail to the person to whom it was addressed, accompanied by an identifying post office certificate of the registration or certification and a true copy of the document, is admissible in evidence and is proof of the statements contained therein, without proof of the signature or official character of the person appearing to have signed the certificate.
- 1993, c. 42, s. 37
- 2012, c. 31, s. 224
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