Acts and Regulations

E-7.2 - Employment Standards Act

Full text
Referral of matter to the Board
67(1)A person against whom an order is made by the Director may make a written request to the Director to refer the matter to the Board, within 14 days after the order is served on the person, and the request shall be accompanied by a deposit in accordance with section 67.1, if applicable.
67(1.1)A complainant whose complaint has been acted on and dismissed by the Director may make a written request to the Director to refer the matter to the Board, within 14 days after being advised in writing of the dismissal.
67(1.2)Within ten days after receiving a request under subsection (1) or (1.1), the Director shall
(a) file with the Board a copy of the order and the complaint, if any,
(b) forward to the Board the deposit, if any, and
(c) request that the Board arrange a hearing of the matter.
67(2)The Director shall forward to the Board any requests to refer a matter to it, and the Board may hear any matter so referred to it, notwithstanding that a time period set out in subsection (1) or (1.1) was not complied with.
67(2.1)If a person makes a request to refer a matter to the Board after the time limit set out in subsection (1) or (1.1), the person shall provide reasons for the delay on the prescribed form, and the Director shall forward the form to the Board.
67(2.2)The Board shall examine any reasons forwarded under subsection (2.1) before determining whether to hold a hearing on the matter that has been referred to it.
67(3)Where a matter is referred to the Board, any order of the Director with respect thereto, unless otherwise directed by the Board, is stayed pending the disposition of the matter by the Board.
1984, c.42, s.36; 1994, c.52, s.1; 2013, c.13, s.9; 2022, c.33, s.37
Referral of matter to the Board
67(1)A person against whom an order is made by the Director may make a written request to the Director to refer the matter to the Board, within 14 days after the order is served on him or her, and the request shall be accompanied by a deposit in accordance with section 67.1, if applicable.
67(1.1)A complainant whose complaint has been acted on and dismissed by the Director may make a written request to the Director to refer the matter to the Board, within 14 days after being advised in writing of the dismissal.
67(1.2)Within ten days after receiving a request under subsection (1) or (1.1), the Director shall
(a) file with the Board a copy of the order and the complaint, if any,
(b) forward to the Board the deposit, if any, and
(c) request that the Board arrange a hearing of the matter.
67(2)The Director shall forward to the Board any requests to refer a matter to it, and the Board may hear any matter so referred to it, notwithstanding that a time period set out in subsection (1) or (1.1) was not complied with.
67(2.1)If a person makes a request to refer a matter to the Board after the time limit set out in subsection (1) or (1.1), the person shall provide reasons for the delay on the prescribed form, and the Director shall forward the form to the Board.
67(2.2)The Board shall examine any reasons forwarded under subsection (2.1) before determining whether to hold a hearing on the matter that has been referred to it.
67(3)Where a matter is referred to the Board, any order of the Director with respect thereto, unless otherwise directed by the Board, is stayed pending the disposition of the matter by the Board.
1984, c.42, s.36; 1994, c.52, s.1; 2013, c.13, s.9.
Referral of matter to Board
67(1)Where
(a) a person against whom an order is made by the Director makes a written request to the Director within ten days after the order is served upon him that the Director refer the matter to the Board; or
(b) a complainant whose complaint has been acted upon and dismissed by the Director makes a written request to the Director, within ten days after being so advised in writing, to refer the matter to the Board,
the Director shall, within ten days after receiving the request,
(c) file with the Board a copy of the order and the complaint, if any; and
(d) request the Board to arrange for the hearing of the matter.
67(2)The Director shall forward to the Board any requests to refer a matter to it, and the Board may hear any matter so referred to it, notwithstanding that a time period set out in subsection (1) was not complied with.
67(3)Where a matter is referred to the Board, any order of the Director with respect thereto, unless otherwise directed by the Board, is stayed pending the disposition of the matter by the Board.
1984, c.42, s.36; 1994, c.52, s.1