Investigations Initiated by Director - Act Part 10, Section 73.1
Last updated on August 27, 2021
Contents:
Summary
Text of Legislation
Policy Interpretation
Related Information
Summary
This section grants the director the ability to conduct, stop, and postpone investigations at any time.
Text of Legislation
Note: Section 73.1 only applies to complaints filed on or after August 15, 2021.
73.1 (1) The director may at any time and for any reason
(a) conduct an investigation to ensure compliance with this Act and the regulations, and
(b) stop or postpone the investigation.
Policy Interpretation
Section 73.1 grants the Director discretion to conduct, stop or postpone an investigation, for any reason, regardless of whether a complaint has been filed. This is similar to the Director's previous authority to initiate investigations without a complaint or to expand an investigation to other potentially affected employees beyond an individual complaint.
Director-initiated investigations contribute to a labour environment where knowledge of employment rights and responsibilities under the ESA and TFWPA is widespread, where employers comply with their employment responsibilities and where employees' rights are protected in the absence of individual complaints.
When interpreting this provision, the Director seeks to determine whether there is sufficient information to show an employer is not in compliance with the Act. If non-compliance is confirmed, the Director will determine the appropriate measured investigative response. As these investigations are discretionary and Director-initiated, the Director retains the authority to both start and stop broader investigations.
Transitional provision
A transitional provision in section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that complaints received and not resolved before the date this section came into force (August 15, 2021) are not subject to it.
Transitional provisions connect former legislation and new amendments. Find out more about recent transitional provisions and consequential amendments to the Employment Standard Act and Regulation.
Related Information
Related sections of the Act or Regulation
ESA