Acts and Regulations

E-7.2 - Employment Standards Act

Full text
Notice of non-compliance
64.1(1)In this section, “prescribed provision” means a provision of this Act or the regulations prescribed by regulation for the purposes of this section.(disposition prescrite)
64.1(2) At any point after a complaint is made involving the contravention of a prescribed provision, the Director may refer the complaint to an Employment Standards Officer.
64.1(3)An Employment Standards Officer may issue a notice of non-compliance to a person with respect to the contravention of a prescribed provision
(a) after an investigation of a complaint referred under subsection (2); or
(b) after an investigation that is not the result of a complaint.
64.1(4)A person who is issued a notice of non-compliance shall comply with the prescribed provision set out in the notice within 30 days after receiving the notice and if the person fails to comply before the expiry of that time, the Director may impose an administrative penalty on the person in accordance with section 64.2.
64.1(5)A notice of non-compliance issued under paragraph (3)(a) may only be in respect of contraventions occurring within 12 months preceding the date of the complaint.
64.1(6)A notice of non-compliance issued under paragraph (3)(b) may only be in respect of contraventions occurring within 11 months preceding the issuance of the notice.
64.1(7)A notice of non-compliance shall contain the information prescribed by regulation.
64.1(8)A notice of non-compliance is sufficiently served on a person if it is served or delivered in accordance with section 86.
64.1(9)A person who is issued a notice of non-compliance shall not be prosecuted for an offence under this Act in respect of the same incident that gave rise to the issuance of the notice.
64.1(10)A person who is prosecuted for an offence under this Act shall not be issued a notice of non-compliance in respect of the same incident that gave rise to the prosecution.
64.1(11)The Director shall not issue an order under subsection 65(1) in respect of the same incident that gave rise to the issuance of a notice of non-compliance until the 30-day period for complying with the notice has elapsed and the person against whom the notice has been issued has not complied.
2013, c.13, s.6