Canada Labour Code

Marginal note:Making of complaint

• 251.01 (1) Any employee may make a complaint in writing to an inspector if they believe that the employer has contravened

  • (a) any provision of this Part or of the regulations made under this Part; or

  • (b) any order.

• Marginal note:Time for making complaint

  (2) A complaint under subsection (1) shall be made within the following period

  • (a) in the case of a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, six months from the last day on which the employer was required to pay those wages or other amounts under this Part; and

  • (b) in the case of any other complaint, six months from the day on which the subject-matter of the complaint arose.

• Marginal note:Extension of time

  (3) The Minister may, subject to the regulations, extend the period set out in subsection (2)

  • (a) if the Minister is satisfied that a complaint was made within that period to a government official who had no authority to deal with the complaint and that the person making the complaint believed the official had that authority;

  • (b) in any circumstances prescribed by regulation; or

  • (c) in the conditions prescribed by regulation.

• Marginal note:Limitation

  (4) An employee is not permitted to make a complaint under subsection (1) if the complaint is that the employee has been dismissed and considers the dismissal to be unjust.

• Marginal note:For greater certainty

  (5) For greater certainty, a complaint is not permitted under this section if it relates to a disagreement whose settlement is governed exclusively by a collective agreement under subsection 168(1.1).