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General and penal provisions (Articles 29 - 39.1)

Exceptions.

29. This Act shall not apply to:

  • (a) Agricultural exploitation;
  • (b) (Paragraph repealed);
  • (c) The operating of any railway company subject to the jurisdiction of the Parliament of Canada. This latter exemption does not extend to the construction or reconstruction of the railway or of the buildings which are dependencies thereof, or to the operating of the hotels which it may possess;
  • (d) A student undergoing a period of training without pay under the responsibility of a school board or an educational institution;
  • (e) A person undergoing a period of rehabilitative training without pay under the responsibility of an institution operating a rehabilitation centre within the meaning of the Act respecting health services and social services (chapter S-4.2), of a reception centre belonging to the class of rehabilitation centres within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5) and the regulations made under that Act, or of a government body.

R. S. 1964, c. 143, s. 38; 1978, c. 7, s. 88; 1984, c. 45, s. 21; 1992, c. 21, s. 147; 1994, c. 23, s. 23.

Unlawful dismissal.

30. Every employer who, without good and sufficient reason, proof of which shall lie upon him, dismisses, suspends or moves an employee,

  • (a) By reason of giving any information to the representatives of a committee and respecting an agreement, a decree, a regulation or a violation of the provisions of this act,
  • (b) By reason of a complaint, information or statement of offence respecting the same, or of testifying in a prosecution or investigation relating thereto,
  • (c) With intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a smaller wage,-
    is guilty of an offence and is liable to a fine of $200 to $500 and, in the case of a second or subsequent conviction, to a fine of $500 to $3 000.

R. S. 1964, c. 143, s. 39; 1984, c. 45, s. 22; 1990, c. 4, s. 371; 1992, c. 61, s. 256.

Employee's rights.

30.1. An employee who believes that he has been dismissed, suspended or transferred for any of the reasons set forth in paragraph a, b or c of section 30 and who wishes to assert his rights shall do so before the labour commissioner appointed under the Labour Code (chapter C-27) as though he were an employee dismissed, suspended or transferred by reason of his having exercised a right under that Code. Sections 15 to 20, 118 to 137, 139, 139.1, 140, 146 and sections 150 to 152 of the Labour Code apply, adapted as required.

Time limit.

Notwithstanding section 16 of the Labour Code, the time allowed for presenting a complaint to the labour commissioner-general shall be 45 days. If the complaint is presented within that time to the committee or the Minister, failure to present it to the labour commissioner-general cannot be invoked against the complainant. The labour commissioner-general shall send copy of the complaint to the committee concerned.

Complaint

The committee may, with the consent of the parties, appoint a person who shall endeavour to resolve the complaint to the satisfaction of the parties.

1996, c. 71, s. 27.

Damages for unlawful dismissal.

31. Every employee dismissed in violation of section 30, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim, from the person who employed him, three months' wages as punitive damages. Proof that the employee does not come within the requisite conditions to claim such right shall devolve upon the person who employed him.

R. S. 1964, c. 143, s. 40; 1984, c. 45, s. 23; 1996, c. 71, s. 28.

Negligence of a member of committee.

32. Any member of the committee who refuses or neglects to fulfil the duties of his office commits an offence and shall be liable to a fine not exceeding $25.

R. S. 1964, c. 143, s. 41; 1990, c. 4, s. 376.

Obstruction to inspection.

33. Every professional employer who does not keep the compulsory registration system, register or pay-list, every employer or employee who refuses or neglects to furnish the representatives of a committee with the information contemplated in subparagraph e of section 22, in the manner therein prescribed, or does not grant them on request, or delays to grant them, access to the place where the work is being done, to the register, to the system of registration or to pay-list or other documents, as provided in said paragraph, or molests or hinders or insults the said representatives in the performance of their duties, or otherwise obstructs such performance,- is guilty of an offence and is liable to a fine of $200 to $500 and, in the case of a second or subsequent conviction, to a fine of $500 to $3 000.

R. S. 1964, c. 143, s. 42; 1984, c. 45, s. 24; 1990, c. 4, s. 372.

Fraud.

34. Whosoever, knowingly, destroys, alters or falsifies any register, pay-list, registration system or any document dealing with the carrying out of a decree, or knowingly forwards any false or inexact information or report, or gives a false designation to the attribution of any wage in order to pay a lower wage, commits an offence and shall be liable to a fine of not less than $200 but not exceeding $500 for the first offence, and to a fine of not less than $500 but not exceeding $3 000 in the case of a second or subsequent conviction.

R. S. 1964, c. 143, s. 43; 1984, c. 45, s. 25; 1990, c. 4, s. 377.

Certificate of competency.

35. Every professional employer or employee who contravenes the regulation making the certificate of competency obligatory commits an offence and shall be liable to a fine of $50 to $200 and, in the case of a second or subsequent conviction, to a fine of $200 to $500.

R. S. 1964, c. 143, s. 44; 1984, c. 45, s. 26; 1990, c. 4, s. 373; 1996, c. 71, s. 29.

Unlawful rebate.

36. Whosoever, by means of benefits having a pecuniary value, grants or accepts any rebate reducing the wage made obligatory, or participates in such a rebate, commits an offence and shall be liable to a fine of $50 to $200 and, in the case of a second or subsequent conviction, to a fine of $200 to $500.

R. S. 1964, c. 143, s. 45; 1984, c. 45, s. 27; 1990, c. 4, s. 374.

Offence and penalty.

37. When the decree contains a prohibition of strikes, lock-outs, slackening of work and picketing, whosoever infringes such prohibition in any way commits an offence and shall be liable to a fine not exceeding $100 for the first offence, and to a fine not exceeding $1 000 for each subsequent offence within twelve months.

R. S. 1964, c. 143, s. 46; 1990, c. 4, s. 378.

Obstruction.

37.1. Every person who, in any manner, obstructs or hinders a provisional administrator, an investigator or a verifier in the exercise of his powers and functions under this Act is guilty of an offence.

Fine.

Every person convicted of an offence under this section is liable to a fine of $500 to $5,000 in the case of natural person or $1,000 to $10,000 in the case of a legal person. For any subsequent offence, the amounts are doubled.

1996, c. 71, s. 30.

Other offences.

38. Any person violating any decree, any regulation made obligatory, or any provision of this Act, in a case not provided for in the preceding sections, commits an offence and shall be liable to a fine of $50 to $200 and, for any subsequent offence, to a fine of $200 to $500.

R. S. 1964, c. 143, s. 47; 1984, c. 45, s. 28; 1990, c. 4, s. 375; 1996, c. 71, s. 31.

Aiding and abetting.

39. Every person who aids, abets, counsels, allows, authorizes or commands another person to commit an offence under this Act is guilty of an offence.

Penalty

Every person convicted of an offence under this section is liable to the same penalty as that prescribed for the offence whose commission he aided or abetted.

R. S. 1964, c. 143, s. 48; 1996, c. 71, s. 32.

Disqualification.

39.1. No person convicted of an offence under section 37.1, or of an offence under section 39 where it relates to an offence under section 37.1, may be elected or appointed a member, officer or mandatary of a committee or exercise any other function within a committee.

Duration.

A disqualification under the first paragraph stands for five years, unless a pardon is obtained.

1996, c. 71, s. 32.