Employment Standards Act, 2000
Penalties and reciprocal enforcement
Historical version for the period October 24, 2018 to December 31, 2018.
Last amendment: 450/18.
Legislative History: 142/03, 532/05, 475/06, 295/11, 315/17, 528/17, 450/18.
This is the English version of a bilingual regulation.
Prescribed penalties re notices of contravention
1. The following penalties are prescribed for the purposes of subsection 113 (1) of the Act:
|
Item |
Column 1 Contravention |
Column 2 Penalty, in dollars |
|
1. |
If the notice relates to a contravention of section 2, 15, 15.1 or 16 of the Act |
350 |
|
2. |
If the notice relates to the second contravention of section 2, 15, 15.1 or 16 of the Act in a three-year period |
700 |
|
3. |
If the notice relates to the third or subsequent contravention of section 2, 15, 15.1 or 16 of the Act in a three-year period |
1,500 |
|
4. |
If the notice relates to a contravention of a provision of the Act other than section 2, 15, 15.1 or 16 |
350 |
|
5. |
If the notice relates to the second contravention of a provision of the Act other than section 2, 15, 15.1 or 16 in a three-year period |
700 |
|
6. |
If the notice relates to the third or subsequent contravention of a provision of the Act other than section 2, 15, 15.1 or 16 in a three-year period |
1,500 |
|
7. |
If the notice relates to a contravention of a provision of the Act other than section 2, 15, 15.1 or 16 and the contravention affects more than one employee |
350, multiplied by the number of employees affected |
|
8. |
If the notice relates to the second contravention of a provision of the Act other than section 2, 15, 15.1 or 16 in a three-year period and the contravention affects more than one employee |
700, multiplied by the number of employees affected |
|
9. |
If the notice relates to the third or subsequent contravention of a provision of the Act other than section 2, 15, 15.1 or 16 in a three-year period and the contravention affects more than one employee |
1,500, multiplied by the number of employees affected |
Note: On January 1, 2019, the Table to section 1 of the Regulation is amended by striking out “350” wherever it appears in Column 2 and substituting in each case “250”, by striking out “700” wherever it appears in Column 2 and substituting in each case “500” and by striking out “1,500” wherever it appears in Column 2 and substituting in each case “1,000”. (See: O. Reg. 450/18, s. 1)
O. Reg. 289/01, s. 1; O. Reg. 142/03, s. 1; O. Reg. 315/17, s. 1; O. Reg. 528/17, s. 2.
Reciprocal enforcement of orders
2. (1) Each state listed in Column 1 of the Table to this section is prescribed as a reciprocating state for the purposes of section 130 of the Act. O. Reg. 289/01, s. 2 (1).
(2) Each authority listed in Column 2 of the Table to this section is prescribed as the designated authority for the state listed opposite it in Column 1. O. Reg. 289/01, s. 2 (2).
TABLE
|
Column 1 |
Column 2 |
|
Alberta |
Director of Employment Standards for Alberta |
|
British Columbia |
Director of Employment Standards for British Columbia |
|
Manitoba |
Director of Employment Standards for Manitoba |
|
New Brunswick |
Director of Employment Standards for New Brunswick |
|
Newfoundland and Labrador |
Director of Labour Standards for Newfoundland and Labrador |
|
Northwest Territories |
Labour Standards Board of the Northwest Territories |
|
Nova Scotia |
Director of Employment Standards for Nova Scotia |
|
Nunavut |
Nunavut Labour Standards Board |
|
Prince Edward Island |
Inspector of Labour Standards for Prince Edward Island |
|
Quebec |
Commission des normes du travail |
|
Saskatchewan |
Director of Labour Standards for Saskatchewan |
|
Yukon |
Director of Employment Standards for the Yukon |
O. Reg. 289/01, s. 2, Table; O. Reg. 475/06, s. 1; O. Reg. 295/11, s. 1.
3. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 289/01, s. 3.
