Written Report - Act Part 10, Section 78.1

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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Summary

This section outlines information about the written report.

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Text of Legislation

78.1  (1) After completing the investigation of a complaint, the director must

(a) summarize the director's findings of the investigation in a written report, and

(b) serve a copy of the written report on the following:

(i) the person who made the complaint;

(ii) the person against whom the complaint was made;

(iii) any person the director considers should have the opportunity to respond to the report.

(2) A person referred to in subsection (1) (b) may, within a period set by the director, provide to the director a written response to the report.

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Policy Interpretation

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.

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Related Information

Related sections of the Act or Regulation

ESA

• s.1, Definition “determination”
• s.1, Definition “settlement agreement”
• s.1, Definition “wages”
• s.2, Purposes of this Act
• s.74, Complaint and time limit
• s.79, Determinations and consequences
• s.87, Lien for unpaid wages
• s.88, Payment of interest
• s.89, Demand on third party
• s.90, Failure to comply with demand
• s.91, Determination or order may be filed and enforced as judgment
• s.92, Seizure of assets
• s.93, Release of assets
• s.94, Wrongful removal of seized assets
• s.95, Associated employers
• s.96, Corporate officer’s liability for unpaid wages
• s.99, If money is paid to director

ESR

• s.25, Interest on money owing by employer
• s.27, Interest on money received by the director