Acts and Regulations

E-7.2 - Employment Standards Act

Section 44.1
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Lie detector tests
44.1(1)In this section
“employee” means an employee as defined in section 1 and includes an applicant for employment;(salarié)
“employer” means an employer as defined in section 1 and includes a prospective employer;(employeur)
“lie detector test” means an analysis, examination, interrogation or test taken or performed by means of or in conjunction with a device, instrument or machine, whether mechanical, electrical, electromagnetic, electronic or otherwise, and that is taken or performed for the purpose of assessing or purporting to assess the credibility of a person.(test de détecteur de mensonge)
44.1(2)An employee has a right not to take or be asked or required to take or submit to a lie detector test.
44.1(3)No person shall require, request, enable or influence, directly or indirectly, an employee to take or submit to a lie detector test.
44.1(4)No person shall communicate or disclose to an employer that an employee has taken a lie detector test, or communicate or disclose to an employer the results of a lie detector test taken in any other jurisdiction.
44.1(5)Where an employer violates a provision of this section the Director may order the employer to do or to refrain from doing anything in order to comply with this section and may order the employer to reinstate or to hire the employee concerned, with or without compensation, or to compensate the employee in lieu of reinstatement or hiring for loss of earnings or other employment benefits in an amount not exceeding four thousand dollars that may be assessed by the Director against the employer.
1984, c.42, s.25
Lie detector tests
44.1(1)In this section
“employee” means an employee as defined in section 1 and includes an applicant for employment;
“employer” means an employer as defined in section 1 and includes a prospective employer;
“lie detector test” means an analysis, examination, interrogation or test taken or performed by means of or in conjunction with a device, instrument or machine, whether mechanical, electrical, electromagnetic, electronic or otherwise, and that is taken or performed for the purpose of assessing or purporting to assess the credibility of a person.
44.1(2)An employee has a right not to take or be asked or required to take or submit to a lie detector test.
44.1(3)No person shall require, request, enable or influence, directly or indirectly, an employee to take or submit to a lie detector test.
44.1(4)No person shall communicate or disclose to an employer that an employee has taken a lie detector test, or communicate or disclose to an employer the results of a lie detector test taken in any other jurisdiction.
44.1(5)Where an employer violates a provision of this section the Director may order the employer to do or to refrain from doing anything in order to comply with this section and may order the employer to reinstate or to hire the employee concerned, with or without compensation, or to compensate the employee in lieu of reinstatement or hiring for loss of earnings or other employment benefits in an amount not exceeding four thousand dollars that may be assessed by the Director against the employer.
1984, c.42, s.25