Section 251.001 — Canada Labour Code: Internal audit order

Subject to the regulations, the Head may, in writing, for the purpose of verifying compliance or preventing non-compliance with this Part, order an employer to, in accordance with the order, conduct an internal audit of its practices and books, payrolls and other records to determine whether the employer is in compliance with any provision of this Part or the regulations; and provide a report of the results of the audit to the Head. The Head shall, in the internal audit order, specify any industrial establishment and class of employees to which it applies; the period of time to be covered by the internal audit; the provisions of this Part or the regulations with respect to which the internal audit was ordered; the date by which the employer is to provide the report; and the form of the report. The Head may also specify in the order that the report is to contain any information that the Head considers appropriate. Service of the order or of a copy of it shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order or its copy shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed. A certificate purporting to be signed by the Head certifying that a document referred to in subsection (4) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate. If the employer determines that it had not complied with any provision referred to in the order, the employer shall set out in the report the nature of the employer’s non-compliance and the steps that have been or will be taken by the employer to comply with the provision. If the employer determines that any wages or other amounts to which an employee is entitled under this Part are owed, the employer shall also state in the report the name of the employee, the amount owed for the period of time covered by the internal audit, the method used to determine the amount owed and any payment subsequently made to the employee with respect to that amount owed. For greater certainty, nothing in this section precludes an inspection from being made, or a complaint from being dealt with, under this Part. No employer shall make a false or misleading statement in a report.