Act respecting labour standards Chapter V - Recourses (Section 98 to 135)
Chapter V - Recourses (Section 98 to 135)
Division I - Civil recourses (Section 98 to 121)
Section 116
Prescription interrupted
A notice of inquiry sent by the Commission to the employer by registered or certified mail suspends prescription in respect of all his employees for six months from the date of mailing.
1979, c. 45, s. 116; 1990, c. 73, s. 52; 1992, c. 26, s. 15.
- Interpretation
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The sending of a notice of inquiry by the Commission, in the year that follows the date the debt becomes claimable, suspends the prescription for a period of six months from the time of its posting.
The Commission then has an additional six-month period to take action, which is added to the one-year period stipulated in section 115 of the Act.
The notice of inquiry must be sent by registered or certified mail. It is the sending of the notice of inquiry that suspends the prescription and not its receipt by the employer.