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  • Part 12: Part 12: Investigations and Proceedings

    • Article 55 - Referral to the Employment Standards Office

      (1) An Employee, former Employee or any other person may make a complaint to the Employment Standards Office that a person has committed a contravention of these Regulations.
      (2) An Employee may request that the Employment Standards Office review any penalty imposed on him by his Employer in the manner and time period specified in rules issued pursuant to these Regulations.

    • Article 56 - Investigations

      (1) For the purposes of carrying out an investigation under these Regulations, where the Employment Standards Office considers that a person is or may be able to give information or produce a document which is or may be relevant to an investigation, the Employment Standards Office has the power to:
      (A) enter the business premises of such person during normal business hours for the purpose of inspecting and copying information or documents stored in any form on such premises;
      (B) require such person to give, or procure the giving of, specified information in such form as it may reasonably require;
      (C) require such person to produce, or procure the production of, specified documents;
      (D) require such person to appear before it at a specified time and place to answer questions, including under oath or affirmation administered by an officer of the Employment Standards Office that the statements that the person will make will be true; or
      (E) require such person to give it any assistance in relation to the investigation which the person is able to give.
      (2) A requirement made under the preceding paragraph shall be stated in writing and shall state the reasonable time period by which the information or documents shall be produced.
      (3) The Employment Standards Office may refuse to accept, review, mediate, investigate or otherwise resolve a complaint or may stop or postpone any such activity if:
      (A) the Employment Standards Office determines that these Regulations do not apply to the complaint;
      (B) the complaint is frivolous, trivial or is not made in good faith;
      (C) there is not enough evidence to prove the complaint;
      (D) the Employment Standards Office, the Civil and Commercial Court or the Regulatory Tribunal has previously made a decision or an order relating to the subject matter of the complaint;
      (E) the complainant has not taken the requisite steps specified by the Employment Standards Office to facilitate resolution or investigation of the complaint; or
      (F) the dispute that caused the complaint is resolved.
      (5) If an investigation is conducted, and before the Employment Standards Office makes any determination or order, the Employment Standards Office shall give the person under investigation an opportunity to be heard.
      (6) During the course of an investigation, the Employment Standards Office shall provide translation services in a language understood by the Employee, if the Employment Standards Office considers that such Employee cannot understand or communicate in English.
      Amended by QFC Reg 2012-1 (as from 11th April 2012)

    • Article 57 - Determinations and orders by the Employment Standards Office

      (1) Without prejudice to its other powers, the Employment Standards Office may, if satisfied that a person has contravened a provision of these Regulations or any rule, policy or order issued thereunder, make a determination to that effect and may order the person to do one or more of the following:
      (A) comply with the requirement;
      (B) remedy or cease doing an act or thing; and
      (C) pay any costs incurred by the Employment Standards Office in connection with an investigation.
      (2) In addition to paragraph (1) above, if satisfied that an Employer has contravened a provision of these Regulations or any rule, policy or order issued thereunder, the Employment Standards Office may order the Employer to do one (1) or more of the following:
      (A) pay all due salary payments to an Employee;
      (B) pay a person compensation;
      (C) pay a person any amount which the Employment Standards Office determines is owing under any provision of these Regulations or any rules, policies or orders issued under these Regulations and any reasonable and actual out of pocket expenses incurred because of the contravention;
      (D) take within a specified period, any action the Employment Standards Office considers reasonable that eliminates or reduces the adverse effect on the complainant of any matter relating to the complaint;
      (E) without prejudice to any more severe penalty stipulated in any other law, rules or regulations applying in the QFC, the Employment Standards Office may impose a financial penalty on an Employer in accordance with Schedule 1 of these Regulations and of such amount as it considers appropriate but not exceeding the amount of the maximum penalty specified in that Schedule in respect of each contravention; or
      (F) post notice, in a form and location specified by the Employment Standards Office or in respect of
      (i) a determination; or
      (ii) a requirement, or information about these Regulations.
      (3) The Employment Standards Office shall serve an Employer with notice of a requirement imposed under paragraphs (1) and (2) above.
      (4) A person on whom the Employment Standards Office imposes a requirement under this Article shall comply with that requirement.
      (5) If satisfied that the requirements of these Regulations or any rules, policies or orders have not been contravened, the Employment Standards Office shall dismiss the complaint.
      (6) The Employment Standards Office may vary or cancel a determination if circumstances have changed.
      Amended (as from 16th June 2020)

    • Article 58 - Notifying others of determination

      (1) On making a determination under these Regulations, the Employment Standards Office shall make its findings public and shall serve any person named in the determination with a copy of the determination that includes the following:
      (A) if an Employer or other person is required by the determination to pay wages, compensation, interest, a fine or other amount, the amount to be paid and how it was calculated;
      (B) if a fine is imposed, the nature of the contravention and the date by which the fine shall be paid; and
      (C) the time limit and process for appealing the determination to the Regulatory Tribunal.
      (2) Any person against whom a determination has been issued under Article 57 (Determinations and orders by the Employment Standards Office) may request from the Employment Standards Office written reasons for the determination and the Employment Standards Office shall comply with such request.
      Amended by QFC Reg 2012-1 (as from 11th April 2012)

    • Article 59 - Settlement agreements

      The Employment Standards Office may do one or more of the following:

      (1) assist in settling a complaint or a matter investigated under these Regulations; or
      (2) direct that a person pay directly to an Employee or other person any amount to be paid as a result of a settlement agreement under paragraph (1).
      Amended (as from 18th July 2019)

    • Article 60 - Obstruction of the Employment Standards Office and the Regulatory Tribunal

      A person shall not engage in conduct, including without limitation, the:

      (1) destruction of documents;
      (2) failure to give or produce information or documents specified by the Employment Standards Office or the Regulatory Tribunal;
      (3) failure to appear before the Employment Standards Office or the Regulatory Tribunal at a specified time and place to answer questions;
      (4) giving of information that is false or misleading; and
      (5) failure to give assistance in relation to an investigation which the person is able to give,

      that is intended to obstruct the Employment Standards Office or the Regulatory Tribunal in the exercise of its powers under these Regulations.

      Amended by QFC Reg 2012-1 (as from 11th April 2012)

    • Article 61 - Obligation to keep information confidential

      Every person acting under the authority of these Regulations shall keep confidential all information and records obtained or provided under these Regulations, except so far as the person's public duty requires or these Regulations permit the person to disclose them or to take official action on them.

    • Article 62 - Appeal of the Employment Standards Office's determinations, decisions and fines

      (1) A person directly affected by a final determination, decision, or fine of the Employment Standards Office may appeal the matter to the Regulatory Tribunal.
      (2) The appeal shall be filed within thirty (30) days of receipt of the determination, decision, or fine appealed.
      (3) The Regulatory Tribunal may grant a stay of the decision appealed from until the disposition of the appeal.
      (4) The Regulatory Tribunal may attach conditions to the stay, including requiring a party to deposit as security part or all of a monetary order.
      (5) The Employment Standards Office shall provide the Regulatory Tribunal with the record that was before the Employment Standards Office at the time the determination, order or fine was made, including any witness statement and documents considered by the Employment Standards Office.
      (6) The Employment Standards Office is a party to an appeal under this section of any determination, decision or fine under appeal.
      (7) The Employment Standards Office shall comply with any directions the Regulatory Tribunal give to the Employment Standards Office.
      Amended by QFC Reg 2012-1 (as from 11th April 2012)

    • Article 63 - Powers of the Regulatory Tribunal on appeal

      (1) Before considering an appeal under this Part, the Regulatory Tribunal may:
      (A) refer the matter back to the Employment Standards Office for further investigation; or
      (B) recommend that an attempt be made to settle the matter.
      (2) The Regulatory Tribunal may dismiss an appeal without a hearing of any kind if satisfied that:
      (A) the appeal is not within the Regulatory Tribunal's jurisdiction; or
      (B) the appeal is frivolous or trivial or is not brought in good faith.
      (3) On an appeal under this Part the Regulatory Tribunal, in addition to any powers it has, may:
      (A) consider any relevant evidence, in addition to the record;
      (B) decide all questions of fact or law arising in the course of an appeal;
      (C) refer the matter back to the Employment Standards Office; or
      (D) confirm, vary or cancel the determination, decision or fine under appeal, or make another decision it considers proper.
      Amended by QFC Reg 2012-1 (as from 11th April 2012)

    • Article 64 - Rulemaking

      (1) The QFC Authority may adopt rules, policies and procedures that facilitate the administration of these Regulations or furthers the purposes of these Regulations, including but not limited to:
      (A) minimum wage requirements for Employees or classes or Employees;
      (B) procedures for initiating and filing complaints;
      (C) a scale of compensation for work-related injuries or deaths; and
      (D) a scale of monetary fines.
      Amended by QFC Reg 2012-1 (as from 11th April 2012)