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Report May Be Prepared and Served - Act Part 10, Section 78.1

Last updated on August 20, 2026

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section outlines information about the written report.

Text of Legislation

Note: Section 78.1 only applies to complaints received on or after August 15, 2021.

78.1  (1) The director may, before making a determination under section 79, prepare a written report for the purpose of providing to the persons referred to in subsection (2) of this section the opportunity to respond to the director before the determination is made.

(2) If the director prepares a report under subsection (1), the director must serve a copy of the report on

(a) the complainant,

(b) the person against whom the complaint was made, and

(c) any other person who the director considers should have the opportunity to provide a response.

(3) A person on whom a report is served under subsection (2) may, within a period of time specified by the director, provide to the director a written response to the report.

Policy Interpretation

Subsection (1)

Before making a determination about a complaint under section 79, the Director may prepare a written report to provide to all parties to the complaint, and anyone else who requires the opportunity to respond. The Director will determine whether a written report is necessary to meet these requirements, considering factors such as:

  • The complexity of the complaint issues
  • The participation of the parties
  • The evidence gathered in the investigation

Regardless of whether the Director issues a written investigation report, the principles of natural justice and section 77 entitle parties to an opportunity to respond and a fair opportunity to participate in an investigation, and the Director will still issue a formal written determination on the merits of the complaint.

Subsection (2)

If the Director prepares a report, they must serve a copy on each of the people for whom the report was prepared.

Subsection (3)

Anyone served with a copy of the report may provide a written response to the Director within a time limit specified by the Director.

Transitional provision

A transitional provision in section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that complaints received and not resolved before the date this section came into force (August 15, 2021) are not subject to it.

Transitional provisions connect former legislation and new amendments. Find out more about recent ​transitional provisions and consequential amendments to the Employment Standard Act and Regulation.

Related Information

Related sections of the Act or Regulation

ESA

ESR