Canada Labour Code

Marginal note:Where underpayments found on inspection

• 251 (1) Where an inspector finds that an employer has failed to pay an employee any wages or other amounts to which the employee is entitled under this Part, the inspector may determine the difference between the wages or other amounts actually paid to the employee under this Part and the wages or other amounts to which the employee is entitled under this Part.

• Marginal note:Where amount of underpayment agreed to

  (2) Where an inspector determines pursuant to subsection (1) that there is a difference between the wages or other amounts actually paid to an employee and the wages or other amounts to which the employee is entitled and the amount of that difference is agreed to in writing by the employee and his employer, the employer shall, within five days after the date of the agreement, pay the amount

  • (a) to the employee on the direction of the inspector; or

  • (b) to the Minister.

• Marginal note:Where amount paid to Minister

  (3) Where an employer pays the amount under subsection (2) to the Minister, the Minister shall, forthwith on receipt of the amount, pay it over to the employee who, pursuant to subsection (2), is entitled to the amount.

• Marginal note:Minister’s consent required for prosecution

  (4) No prosecution for failure to pay an employee the wages or other amounts to which the employee was entitled under this Part shall, without the written consent of the Minister, be instituted against the employer when the employer has made payment of any amount of difference in wages or other amounts in accordance with subsection (2).