Orders that may be made by Director
65(1)Where the Director is satisfied upon reasonable grounds that a person has not complied with the provisions of this Act or the regulations, or the provisions of an order made under subsection 64(3), the Director may make an order with respect to any of the following matters, namely:
(a)
directing the person to refrain from acts that violate the Act or regulations;
(b)
directing the person to comply with the Act and the regulations;
(c)
requiring the person to pay a stated amount representing
(i)
wages owing to an employee;
(ii)
vacation pay or pay in lieu of vacation owing to an employee;
(ii.1)
public holiday pay or pay in lieu of public holidays owing to an employee;
(iii)
any other benefit owing to an employee;
(iv)
payment in lieu of notice of termination to an employee;
(iv.1)
an administrative penalty;
(v)
compensation for economic loss caused to a person by virtue of non-compliance with the Act or regulations; or
(d)
directing the reinstatement of an employee to a former position or the employee’s assignment to an equivalent position.
65(2)The Director is not required to serve notice upon or hear any person before making an order under subsection (1) or before advising a complainant that there has been no failure to comply with this Act or the regulations.
65(3)In an order made under subsection (1), the Director shall specify the provision of this Act or the regulations or of any order made under subsection 64(3) that, in the Director’s opinion, has not been complied with and shall advise the person against whom the order is made of their right to require the Director to refer the matter to the Board.
1984, c.42, s.34; 1986, c.32, s.8; 1988, c.59, s.20; 1994, c.52, s.1; 2013, c.13, s.7; 2022, c.33, s.34