Employment standards officer

A buyer or seller meets this official when an employee files a wage or notice complaint or the ministry checks the employer’s records. Section 86 of Ontario’s Employment Standards Act, 2000 says people considered necessary to enforce the Act and the regulations may be appointed as employment standards officers. Under s.91(1) an officer may, without a warrant, enter and inspect any place to investigate a possible contravention or check compliance, subject to s.91(2) to (4), which limit the time of entry, bar entry to a dwelling without the occupier’s consent or a warrant, and bar the use of force.

What an Ontario officer does

The ministry’s claims guide says that if a claim is filed within the two-year limit, an employment standards officer will investigate it. Under s.103 an officer who finds that an employer owes wages may order the employer to pay them, and ss.106 and 107 allow orders against directors who are liable under Part XX, in the circumstances those sections set out. Section 16 requires an employer to keep the required records readily available for inspection as an officer requires.

Alberta and Manitoba

Alberta’s Employment Standards Code lets the Minister appoint as employment standards officers only individuals the Director has certified as eligible (s.75), and s.77 allows an officer to conduct an inspection, investigation or inquiry into compliance, whether or not a complaint was received. Manitoba’s Code defines the term as an individual employed as one in the department and designated as an inspector under The Labour Administration Act. This entry covers Ontario, Alberta and Manitoba only; check the rules where you are.

Ask whether any claim, inspection or order is open. See what employment liabilities you inherit and the order to pay.