Application for exemption by employer
8(1)An employer may apply to the Director
(a)
in response to a complaint filed under this Act;
(b)
in response to a proceeding initiated by the Director under this Act; or
to be exempted from any provision of this Act, and the Director may grant an exemption if the employer can show to the Director’s satisfaction that, in addition to any other requirement that may be established in this Act,
(d)
the employer suffers a special hardship in complying with the provision that is not suffered by other employers; and
(e)
the employee receives other benefits or advantages that can be viewed as reasonable compensation for the sacrifice of the benefit, advantage, privilege or protection offered by the provision in respect of which the exemption is sought;
or that the employment contract in question was entered into voluntarily and without force or coercion between persons having a close family relationship.
8(2)In lieu of deciding an application made under subsection (1), the Director may refer the matter to the Board.
8(3)Any person affected by a decision of the Director with respect to an application made under subsection (1) may request the Director in writing, within 14 days after notice of the decision, to refer the matter to the Board.
8(4)A matter referred to the Board under subsection (2) or (3) shall be disposed of in accordance with section 68.
1984, c.42, s.4; 1994, c.52, s.1; 2013, c.13, s.1; 2022, c.33, s.2