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Act respecting labour standards Chapter III - Functions and powers of the commission (Section 4 to 39)

Chapter III - Functions and powers of the commission (Section 4 to 39)

Section 39

Powers of the commission

The Commission may

  1. ascertain the wage paid to an employee by his employer;
  2. establish forms to be used by employers and employees;
  3. establish or fill out the certificate of employment provided for in section 84 when the employer refuses or neglects to do so;
  4. collect or receive the amounts owing to an employee under this act or a regulation and remit them to him;
  5. accept on behalf of an employee, with his consent, or on behalf of a group of employees who are parties to a claim, with the consent of the majority of them, partial payment of the amounts owed to the employee or group of employees by the employer;

    The Commission may accept a partial payment of the amount payable by the employer for an employee who consents to this or for a group of employees where the majority give their consent.

  6. pay the amount it considers to be due by an employer to an employee under this Act or a regulation up to the minimum wage, taking into account, where such is the case, the increases provided for therein; (NOT IN FORCE)*

  7. (Paragraph repealed);
  8. institute in its own name and on behalf of an employee, where such is the case, proceedings to recover amounts due by the employer under this act or a regulation, notwithstanding any act to the contrary, any opposition or any express or implied waiver by the employee and without having to justify an assignment of debt of the employee;

    The Commission exercises its recourses under the legislative powers that it is granted and not as a representative of an employee (see the interpretation of section 98 ALS).

  9. intervene in its own name and on behalf of an employee, where such is the case, in proceedings relating to the insolvency of the employer;
  10. intervene at any time in an action relating to the application of this Act, except Chapter III.1, or a regulation;
  11. authorize a mode of payment of wages other than that provided for in section 42;
  12. authorize staggered working hours on a basis other than a weekly basis on the conditions provided for in section 53;
  13. prepare and disseminate information documents on labour standards and make the documents available to any interested person or body, in particular employers and employees;
  14. require an employer to transmit to employees any information document concerning labour standards furnished to the employer by the Commission and to post the document in a prominent place easily accessible to all employees or to disseminate the contents of the document;
  15. where it considers it necessary, indicate to the employer the manner in which the employer is required to transmit, post or disseminate an information document it furnishes to the employer.
  16. send to the competent authority of a State a request for the enforcement of a decision ordering payment of a sum of money under this Act.
  17. enter into an agreement, in accordance with the applicable legislative provisions, with a government department or body, with another government or an international organization, or with a body of such a government or organization, for the application of this Act and the regulations.

    Paragraphs 13) to 15) of section 39 ALS give new powers to the Commission. The Commission may decide to intervene with an employer to indicate to him, for example, where one of the information guides produced by the Commission must be posted on the work premises. Section 87 ALS establishes a distribution and posting standard, which the employer must comply with.

1979, c. 45, s. 39; 1990, c. 73, s. 11; 1994, c. 46, s. 5; 2002, c. 80, s. 6.

*Editor's note: This provision will come into force on the date to be fixed by proclamation of the Government (1979, c. 45, s. 171).