Acts and Regulations

E-7.2 - Employment Standards Act

Full text
Deposit required for referral
67.1(1)A person requesting a referral to the Board with respect to an order made under paragraph 65(1)(c) shall provide a deposit at the time of making the request, in an amount equal to the amount payable by the person under the order, up to a maximum of $2,000.
67.1(2) Before the Board hears the matter, a person who has provided a deposit may acknowledge being indebted to an employee in the amount stated in the order and authorize the Board to apply the deposit to the amount owing to the employee to whom the person is indebted, and if there remains a surplus of funds after the deposit is applied, the Board shall apply the surplus to the amount of administrative penalty owing to the Minister of Finance and Treasury Board stated in the order, if applicable.
67.1(3)An acknowledgement and authorization referred to in subsection (2) shall be made in a form provided by the Director.
67.1(4)If after hearing and considering the matter the Board finds that a person who has provided a deposit is indebted to an employee for unpaid wages, pay or other payments, the Board shall apply the deposit to the amount owing to the employee, and if funds remain after the deposit is applied to that amount, the Board shall apply the remaining funds to the amount of administrative penalty owing to the Minister of Finance and Treasury Board, if applicable, and after this the Board shall return any surplus funds to the person who has provided the deposit.
67.1(5)If after hearing and considering the matter the Board finds that a person who has provided a deposit is not indebted to an employee for unpaid wages, pay or other payments, the Board shall return the deposited funds to the person.
67.1(6)A deposit under subsection (1) is payable to the Board and shall be held by the Board until disposed of by the Board under subsection (2), (4) or (5).
67.1(7)A deposit applied to the amount owing under an order discharges the person who has provided the deposit only to the extent of the amount applied.
2013, c.13, s.10; 2019, c.29, s.49
Deposit required for referral
67.1(1)A person requesting a referral to the Board with respect to an order made under paragraph 65(1)(c) shall provide a deposit at the time of making the request, in an amount equal to the amount payable by the person under the order, up to a maximum of $2,000.
67.1(2) Before the Board hears the matter, a person who has provided a deposit may acknowledge being indebted to an employee in the amount stated in the order and authorize the Board to apply the deposit to the amount owing to the employee to whom the person is indebted, and if there remains a surplus of funds after the deposit is applied, the Board shall apply the surplus to the amount of administrative penalty owing to the Minister of Finance stated in the order, if applicable.
67.1(3)An acknowledgement and authorization referred to in subsection (2) shall be made in a form provided by the Director.
67.1(4)If after hearing and considering the matter the Board finds that a person who has provided a deposit is indebted to an employee for unpaid wages, pay or other payments, the Board shall apply the deposit to the amount owing to the employee, and if funds remain after the deposit is applied to that amount, the Board shall apply the remaining funds to the amount of administrative penalty owing to the Minister of Finance, if applicable, and after this the Board shall return any surplus funds to the person who has provided the deposit.
67.1(5)If after hearing and considering the matter the Board finds that a person who has provided a deposit is not indebted to an employee for unpaid wages, pay or other payments, the Board shall return the deposited funds to the person.
67.1(6)A deposit under subsection (1) is payable to the Board and shall be held by the Board until disposed of by the Board under subsection (2), (4) or (5).
67.1(7)A deposit applied to the amount owing under an order discharges the person who has provided the deposit only to the extent of the amount applied.
2013, c.13, s.10