Powers and duties of director – s. 33(1)

This subsection provides that the Director of Employment Standards may exercise the powers conferred upon him or her under the Employment Protection for Foreign Nationals Act, 2009 (EPFNA) and that he or she is required to perform the duties imposed on him or her under this Act.

Application of ss. 85(2) & (3),88 and 88.1 of the Employment Standards Act, 2000 – s. 33(2)

This provision makes ss. 85(2) and (3) and ss. 88 and 88.1 of the Employment Standards Act, 2000 applicable to the Director of Employment Standards in relation to EPFNA.

Subsections 85(2) and (3) of the Employment Standards Act, 2000 allow the Director or the Deputy Minister, in the Director's absence, to name a Ministry of Labour employee as Acting Director, with the Director's powers and duties, if the Director is absent or unable to act or if the office is vacant.

Section 88 of the Employment Standards Act, 2000 provides for certain powers and duties of the Director of Employment Standards including the making of policies respecting the interpretation, administration and enforcement of the Employment Standards Act, 2000; the delegation of powers and duties to employment standards officers; the establishment of interest rates for purposes of the Employment Standards Act, 2000; and the disbursement of money held in trust in circumstances where no other provision of the Employment Standards Act, 2000 addresses such disbursement. For a more detailed discussion of s. 88 see ESA Part XXI.

Section 88.1 of the Employment Standards Act, 2000 allows the Director of Employment Standards to transfer the investigation of a complaint or inspection from one employment standards officer to another employment standards officer. For a more detailed discussion of s. 88.1, see ESA Part XXI.