ESA Enforcement Provisions
Part 11 of the Employment Standards Act (ESA) sets out numerous provisions relating to the Employment Standards Director’s ability to enforce its determinations. Most of these provisions are related to the collection of monies owing from employers either as a result of a determination or a settlement agreement. The Director has broad powers to collect monies owing by employers under this part of the Act.
As an employer, you cannot simply ignore your obligations under a determination, settlement agreement or an order of the Tribunal, as each may be filed in the Supreme Court registry. Once filed, the determination, settlement agreement or Tribunal order is enforceable in the same manner as judgment of the Supreme Court.
Once the determination, order or settlement agreement is filed in the registry, the Director can then initiate proceedings to effect payment, such as a writ of seizure and sale, registering a certificate of judgment against land, conducting an examination in aid of execution, or other collection mechanisms under the Court Order Enforcement Act.
For more information concerning enforcement measures and penalties, visit:
- Employment Standards Act – Enforcement
- Interpretation Manual – Section 87 – Liens
- Interpretation Manual – Section 91 – Consequences of Failure to Comply
- Interpretation Manual – Section 95 – Liability of Associated Businesses
- Interpretation Manual – Section 98 – Liability of Employees, Officers & Directors
Information provided by Ryan Anderson, an employment lawyer with Mathews Dinsdale & Clark LLP. The information provided in this article is necessarily of a general nature and must not be regarded as legal advice. For more information about Mathews Dinsdale & Clark LLP, please visit mathewsdinsdale.com.