R-20 - Act respecting labour relations, vocational training and workforce management in the construction industry

Full text
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Except where section 123.7 applies, every employer who, without valid reason, proof of which lies on him, dismisses, suspends or lays off an employee or threatens to do so
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,196 to $2,993 and, in the case of a subsequent conviction, to a fine of $1,917 to $5,985.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2 or section 123.7, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $956 to $1,917 in the case of an individual;
(b)  to a fine of $1,917 to $5,985 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the fourth paragraph of section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the notice of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15; 2010, c. 7, s. 241; I.N. 2016-01-01 (NCCP); 2018, c. 122018, c. 12, s. 22.
See notice of indexation; (2020) 152 G.O. 1, 857.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Except where section 123.7 applies, every employer who, without valid reason, proof of which lies on him, dismisses, suspends or lays off an employee or threatens to do so
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,184 to $2,962 and, in the case of a subsequent conviction, to a fine of $1,897 to $5,923.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2 or section 123.7, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $946 to $1,897 in the case of an individual;
(b)  to a fine of $1,897 to $5,923 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the fourth paragraph of section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the notice of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15; 2010, c. 7, s. 241; I.N. 2016-01-01 (NCCP); 2018, c. 122018, c. 12, s. 22.
See notice of indexation; (2019) 151 G.O. 1, 757.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Except where section 123.7 applies, every employer who, without valid reason, proof of which lies on him, dismisses, suspends or lays off an employee or threatens to do so
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,162 to $2,906 and, in the case of a subsequent conviction, to a fine of $1,861 to $5,811.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2 or section 123.7, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $928 to $1,861 in the case of an individual;
(b)  to a fine of $1,861 to $5,811 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the fourth paragraph of section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the notice of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15; 2010, c. 7, s. 241; I.N. 2016-01-01 (NCCP); 2018, c. 122018, c. 12, s. 22.
See notice of indexation; (2018) 150 G.O. 1, 779 and Erratum; (2019) 151 G.O. 1, 263.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Except where section 123.7 applies, every employer who, without valid reason, proof of which lies on him, dismisses, suspends or lays off an employee or threatens to do so
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,137 to $2,843 and, in the case of a subsequent conviction, to a fine of $1,821 to $5,685.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2 or section 123.7, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $908 to $1,821 in the case of an individual;
(b)  to a fine of $1,821 to $5,685 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the fourth paragraph of section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the notice of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15; 2010, c. 7, s. 241; I.N. 2016-01-01 (NCCP); 2018, c. 122018, c. 12, s. 22.
See notice of indexation; (2017) 149 G.O. 1, 1213.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,137 to $2,843 and, in the case of a subsequent conviction, to a fine of $1,821 to $5,685.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $908 to $1,821 in the case of an individual;
(b)  to a fine of $1,821 to $3,638 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the fourth paragraph of section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the notice of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15; 2010, c. 7, s. 241; I.N. 2016-01-01 (NCCP).
See notice of indexation; (2017) 149 G.O. 1, 1213.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,120 to $2,801 and, in the case of a subsequent conviction, to a fine of $1,794 to $5,601.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $895 to $1,794 in the case of an individual;
(b)  to a fine of $1,794 to $3,584 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the fourth paragraph of section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the notice of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15; 2010, c. 7, s. 241; I.N. 2016-01-01 (NCCP).
See notice of indexation; (2016) 148 G.O. 1, 1180.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,104 to $2,762 and, in the case of a subsequent conviction, to a fine of $1,769 to $5,523.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $883 to $1,769 in the case of an individual;
(b)  to a fine of $1,769 to $3,534 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the fourth paragraph of section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the notice of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15; 2010, c. 7, s. 241; I.N. 2016-01-01 (NCCP).
See notice of indexation; (2015) 147 G.O. 1, 1143.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,090 to $2,727 and, in the case of a subsequent conviction, to a fine of $1,747 to $5,454.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $872 to $1,747 in the case of an individual;
(b)  to a fine of $1,747 to $3,490 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the fourth paragraph of section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15; 2010, c. 7, s. 241.
See notice of indexation; (2014) 146 G.O. 1, 1151.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,072 to $2,682 and, in the case of a subsequent conviction, to a fine of $1,718 to $5,365.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $858 to $1,718 in the case of an individual;
(b)  to a fine of $1,718 to $3,433 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the fourth paragraph of section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15; 2010, c. 7, s. 241.
See notice of indexation; (2013) 145 G.O. 1, 1242.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,062 to $2,657 and, in the case of a subsequent conviction, to a fine of $1,702 to $5,315.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $850 to $1,702 in the case of an individual;
(b)  to a fine of $1,702 to $3,401 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the fourth paragraph of section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15; 2010, c. 7, s. 241.
See notice of indexation; (2012) 144 G.O. 1, 1335 and (2013) 145 G.O. 1, 74.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,042 to $2,606 and, in the case of a subsequent conviction, to a fine of $1,669 to $5,213.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $834 to $1,669 in the case of an individual;
(b)  to a fine of $1,669 to $3,336 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the fourth paragraph of section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15; 2010, c. 7, s. 241.
See notice of indexation; (2012) 144 G.O. 1, 31.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,014 to $2,535 and, in the case of a subsequent conviction, to a fine of $1,623 to $5,071.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $811 to $1,623 in the case of an individual;
(b)  to a fine of $1,623 to $3,245 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the fourth paragraph of section 59 of the Act respecting the legal publicity of enterprises (chapter P-44.1), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15; 2010, c. 7, s. 241.
See notice of indexation;(2010) 142 G.O. 1, 1428.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,014 to $2,535 and, in the case of a subsequent conviction, to a fine of $1,623 to $5,071.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $811 to $1,623 in the case of an individual;
(b)  to a fine of $1,623 to $3,245 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the second paragraph of section 50 of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15.
See notice of indexation;(2010) 142 G.O. 1, 1428.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $1,000 to $2,500 and, in the case of a subsequent conviction, to a fine of $1,600 to $5,000.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $800 to $1,600 in the case of an individual;
(b)  to a fine of $1,600 to $3,200 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the second paragraph of section 50 of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171; 2009, c. 57, s. 15.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $400 to $1,600 and, in the case of a second or subsequent conviction, to a fine of $800 to $3,200.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $800 to $1,600 in the case of an individual;
(b)  to a fine of $1,600 to $3,200 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the second paragraph of section 50 of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount payable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30; 2005, c. 15, s. 171.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $400 to $1 600 and, in the case of a second or subsequent conviction, to a fine of $800 to $3 200.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $800 to $1 600 in the case of an individual;
(b)  to a fine of $1 600 to $3 200 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the second paragraph of section 50 of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Social Solidarity, the Commission shall deduct from such reimbursement the amount repayable under section 102 of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001). The Commission shall remit the amount thus deducted to the Minister of Employment and Social Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192; 2001, c. 44, s. 30.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $400 to $1 600 and, in the case of a second or subsequent conviction, to a fine of $800 to $3 200.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $800 to $1 600 in the case of an individual;
(b)  to a fine of $1 600 to $3 200 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, until proof to the contrary, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the second paragraph of section 50 of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Solidarity, the Commission shall deduct from such reimbursement the amount repayable under section 102 of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001). The Commission shall remit the amount thus deducted to the Minister of Employment and Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121; 1998, c. 36, s. 192.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $400 to $1 600 and, in the case of a second or subsequent conviction, to a fine of $800 to $3 200.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $800 to $1 600 in the case of an individual;
(b)  to a fine of $1 600 to $3 200 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, prima facie, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the second paragraph of section 50 of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.
The same applies, when, after a judgment rendered against a legal person, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.
At the request of the Minister of Employment and Solidarity, the Commission shall deduct from such reimbursement the benefits paid to the employee or his family under the Act respecting income security (chapter S-3.1.1) and which may be recovered under section 35 of the said Act. The Commission shall remit the amount thus deducted to the Minister of Employment and Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $400 to $1 600 and, in the case of a second or subsequent conviction, to a fine of $800 to $3 200.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $800 to $1 600 in the case of an individual;
(b)  to a fine of $1 600 to $3 200 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, prima facie, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
At the request of the Minister of Employment and Solidarity, the Commission shall deduct from such reimbursement the benefits paid to the employee or his family under the Act respecting income security (chapter S-3.1.1) and which may be recovered under section 35 of the said Act. The Commission shall remit the amount thus deducted to the Minister of Employment and Solidarity.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $400 to $1 600 and, in the case of a second or subsequent conviction, to a fine of $800 to $3 200.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $800 to $1 600 in the case of an individual;
(b)  to a fine of $1 600 to $3 200 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, prima facie, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
At the request of the Minister of Income Security, the Commission shall deduct from such reimbursement the benefits paid to the employee or his family under the Act respecting income security (chapter S-3.1.1) and which may be recovered under section 35 of the said Act. The Commission shall remit the amount thus deducted to the Minister of Income Security.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50.
122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,
is guilty of an offence and liable to a fine of $400 to $1 600 and, in the case of a second or subsequent conviction, to a fine of $800 to $3 200.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $1 600 in the case of an individual;
(b)  to a fine of $3 200 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, prima facie, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
At the request of the Minister of Income Security, the Commission shall deduct from such reimbursement the benefits paid to the employee or his family under the Act respecting income security (chapter S-3.1.1) and which may be recovered under section 35 of the said Act. The Commission shall remit the amount thus deducted to the Minister of Income Security.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61.
122. (1)  Any civil action arising out of the decree or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting an agreement, a decree, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a lower wage,
is guilty of an offence and liable to a fine of $400 to $1 600 and, in the case of a second or subsequent conviction, to a fine of $800 to $3 200.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of a decree, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $1 600 in the case of an individual;
(b)  to a fine of $3 200 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, prima facie, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
At the request of the Minister of Income Security, the Commission shall deduct from such reimbursement the benefits paid to the employee or his family under the Act respecting income security (chapter S-3.1.1) and which may be recovered under section 35 of the said Act. The Commission shall remit the amount thus deducted to the Minister of Income Security.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55.
122. (1)  Any civil action arising out of the decree or out of this Act is prescribed by twelve months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting an agreement, a decree, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint; an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a lower wage,
is guilty of an offence and liable to a fine of $400 to $1 600 and, in the case of a second or subsequent conviction, to a fine of $800 to $3 200.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of a decree, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $1 600 in the case of an individual;
(b)  to a fine of $3 200 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, primafacie, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
At the request of the Minister of Manpower, Income Security and Vocational Training, the Commission shall deduct from such reimbursement the benefits paid to the employee or his family under the Act respecting income security (chapter S-3.1.1) and which may be recovered under section 35 of the said Act. The Commission shall remit the amount thus deducted to the Minister of Manpower, Income Security and Vocational Training.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538.
122. (1)  Any civil action arising out of the decree or out of this Act is prescribed by twelve months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting an agreement, a decree, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint or accusation respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a lower wage,
is guilty of an offence and liable to a fine of $400 to $1 600 and, in the case of a second or subsequent conviction, to a fine of $800 to $3 200.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of a decree, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $1 600 in the case of an individual;
(b)  to a fine of $3 200 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, primafacie, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
At the request of the Minister of Manpower, Income Security and Vocational Training, the Commission shall deduct from such reimbursement the benefits paid to the employee or his family under the Act respecting income security (chapter S-3.1.1) and which may be recovered under section 35 of the said Act. The Commission shall remit the amount thus deducted to the Minister of Manpower, Income Security and Vocational Training.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81.
122. (1)  Any civil action arising out of the decree or out of this Act is prescribed by twelve months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting an agreement, a decree, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint or accusation respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a lower wage,
is guilty of an offence and liable to a fine of $400 to $1 600 and, in the case of a second or subsequent conviction, to a fine of $800 to $3 200.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of a decree, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $1 600 in the case of an individual;
(b)  to a fine of $3 200 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, primafacie, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
At the request of the Minister of Manpower and Income Security, the Commission shall deduct from such reimbursement the benefits paid to the employee or his family under the Act respecting income security (chapter S-3.1.1) and which may be recovered under section 35 of the said Act. The Commission shall remit the amount thus deducted to the Minister of Manpower and Income Security.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19.
122. (1)  Any civil action arising out of the decree or out of this Act is prescribed by twelve months from the due date in each case. In the case of a false entry in the compulsory register, the registration system or the pay-list, or of a secret rebate, or of any other fraud, prescription shall run against the Commission’s recourse only from the date when the Commission becomes aware of the fraud.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting an agreement, a decree, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint or accusation respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a lower wage,
is guilty of an offence and liable to a fine of $75 to $150 and, in the case of a second or subsequent conviction, to a fine of $150 to $400.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of a decree, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $1 125 in the case of an individual;
(b)  to a fine of $2 250 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 120.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, primafacie, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
At the request of the Minister of Manpower and Income Security, the Commission shall deduct from such reimbursement the benefits paid to the employee or his family under the Act respecting income security (chapter S-3.1.1) and which may be recovered under section 35 of the said Act. The Commission shall remit the amount thus deducted to the Minister of Manpower and Income Security.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129.
122. (1)  Any civil action arising out of the decree or out of this Act is prescribed by twelve months from the due date in each case. In the case of a false entry in the compulsory register, the registration system or the pay-list, or of a secret rebate, or of any other fraud, prescription shall run against the Commission’s recourse only from the date when the Commission becomes aware of the fraud.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting an agreement, a decree, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint or accusation respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a lower wage,
is guilty of an offence and liable to a fine of $60 to $125 and, in the case of a second or subsequent conviction, to a fine of $125 to $350.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of a decree, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable
(a)  to a fine of $1 000 in the case of an individual;
(b)  to a fine of $2 000 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 120.
(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, primafacie, the signature and authority of the employee of the Commission who gives it.
The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
At the request of the Minister of Manpower and Income Security, the Commission shall deduct from such reimbursement the benefits paid to the employee or his family under the Act respecting income security (chapter S-3.1.1) and which may be recovered under section 35 of the said Act. The Commission shall remit the amount thus deducted to the Minister of Manpower and Income Security.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787.
122. (1)  Any civil action arising out of the decree or out of this Act is prescribed by twelve months from the due date in each case. In the case of a false entry in the compulsory register, the registration system or the pay-list, or of a secret rebate, or of any other fraud, prescription shall run against the Commission’s recourse only from the date when the Commission becomes aware of the fraud.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting an agreement, a decree, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint or accusation respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a lower wage,
is guilty of an offence and liable, upon summary proceeding, in addition to costs, to a fine of $60 to $125; in the case of a subsequent offence within two years, he is liable, in addition to costs, to a fine of $125 to $350.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of a decree, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable, in addition to costs,
(a)  to a fine of $1 000 in the case of an individual;
(b)  to a fine of $2 000 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for any first subsequent offence within two years;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any other subsequent offence within two years.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable, upon summary proceedings, in addition to costs, to the fines prescribed in section 120.
(6)  In any proceeding taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, primafacie, the signature and authority of the employee of the Commission who gives it.
Several offences committed by the same person may be covered in the same complaint provided that it indicates precisely the time when and place where each offence was committed.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
At the request of the Minister of Manpower and Income Security, the Commission shall deduct from such reimbursement the benefits paid to the employee or his family under the Act respecting income security (chapter S-3.1.1) and which may be recovered under section 35 of the said Act. The Commission shall remit the amount thus deducted to the Minister of Manpower and Income Security.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125.
122. (1)  Any civil action arising out of the decree or out of this Act is prescribed by twelve months from the due date in each case. In the case of a false entry in the compulsory register, the registration system or the pay-list, or of a secret rebate, or of any other fraud, prescription shall run against the Commission’s recourse only from the date when the Commission becomes aware of the fraud.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting an agreement, a decree, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint or accusation respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a lower wage,
is guilty of an offence and liable, upon summary proceeding, in addition to costs, to a fine of $60 to $125; in the case of a subsequent offence within two years, he is liable, in addition to costs, to a fine of $125 to $350.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of a decree, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable, in addition to costs,
(a)  to a fine of $1 000 in the case of an individual;
(b)  to a fine of $2 000 in the case of any other person or an association;
(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for any first subsequent offence within two years;
(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any other subsequent offence within two years.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable, upon summary proceedings, in addition to costs, to the fines prescribed in section 120.
(6)  In any proceeding taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, primafacie, the signature and authority of the employee of the Commission who gives it.
Several offences committed by the same person may be covered in the same complaint provided that it indicates precisely the time when and place where each offence was committed.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17.
122. (1)  Any civil action arising out of the decree or out of this Act is prescribed by twelve months from the due date in each case. In the case of a false entry in the compulsory register, the registration system or the pay-list, or of a secret rebate, or of any other fraud, prescription shall run against the Commission’s recourse only from the date when the Commission becomes aware of the fraud.
For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the Commission respecting an agreement, a decree, a regulation or a violation of the provisions of this Act;
(b)  by reason of a complaint or accusation respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a lower wage,
is guilty of an offence and liable, upon summary proceeding, in addition to costs, to a fine of $60 to $125; in the case of a subsequent offence within two years, he is liable, in addition to costs, to a fine of $125 to $350.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of a decree, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, commits an unlawful act and is liable, upon summary proceeding, to a fine of not less than $250 nor more than $575 and costs for the first offence, and to a fine of not less than $575 nor more than $1 150 and costs for any subsequent offence.
Failing immediate payment of the above mentioned fine and costs, such person shall be sentenced to imprisonment for not less than one month nor more than three months for the first offence, and for three months for any subsequent offence.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable, upon summary proceeding, in addition to costs, to a fine of $60 to $125; in the case of a subsequent offence within two years, he is liable, in addition to costs, to a fine of $125 to $350.
(6)  In any proceeding taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, primafacie, the signature and authority of the employee of the Commission who gives it.
Several offences committed by the same person may be covered in the same complaint provided that it indicates precisely the time when and place where each offence was committed.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50.
122. (1)  Any civil action arising out of the decree or out of this Act is prescribed by twelve months from the due date in each case. In the case of a false entry in the compulsory register, the registration system or the pay-list, or of a secret rebate, or of any other fraud, prescription shall run against the board’s recourse only from the date when the board becomes aware of the fraud.
For the purposes of the recourses of the board respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the board to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the board respecting an agreement, a decree, a regulation or a violation of the provisions of this act;
(b)  by reason of a complaint or accusation respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a lower wage,
is guilty of an offence and liable, upon summary proceeding, in addition to costs, to a fine of $60 to $125; in the case of a subsequent offence within two years, he is liable, in addition to costs, to a fine of $125 to $350.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of a decree, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, commits an unlawful act and is liable, upon summary proceeding, to a fine of not less than $250 nor more than $575 and costs for the first offence, and to a fine of not less than $575 nor more than $1 150 and costs for any subsequent offence.
Failing immediate payment of the above mentioned fine and costs, such person shall be sentenced to imprisonment for not less than one month nor more than three months for the first offence, and for three months for any subsequent offence.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable, upon summary proceeding, in addition to costs, to a fine of $60 to $125; in the case of a subsequent offence within two years, he is liable, in addition to costs, to a fine of $125 to $350.
(6)  In any proceeding taken under this act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the board, but a copy or extract duly certified by a person designated by the board, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, primafacie, the signature and authority of the employee of the board who gives it.
Several offences committed by the same person may be covered in the same complaint provided that it indicates precisely the time when and place where each offence was committed.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the board shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100.
122. (1)  Any civil action arising out of the decree or out of this Act is prescribed by twelve months from the due date in each case. In the case of a false entry in the compulsory register, the registration system or the pay-list, or of a secret rebate, or of any other fraud, prescription shall run against the board’s recourse only from the date when the board becomes aware of the fraud.
For the purposes of the recourses of the board respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the board to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the board respecting an agreement, a decree, a regulation or a violation of the provisions of this act;
(b)  by reason of a complaint or accusation respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a lower wage,
is guilty of an offence and liable, upon summary proceeding, in addition to costs, to a fine of $50 to $100; in the case of a subsequent offence within two years, he is liable, in addition to costs, to a fine of $100 to $300.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of a decree, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, commits an unlawful act and is liable, upon summary proceeding, to a fine of not less than $200 nor more than $500 and costs for the first offence, and to a fine of not less than $500 nor more than $1 000 and costs for any subsequent offence.
Failing immediate payment of the above mentioned fine and costs, such person shall be sentenced to imprisonment for not less than one month nor more than three months for the first offence, and for three months for any subsequent offence.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable, upon summary proceeding, in addition to costs, to a fine of $50 to $100; in the case of a subsequent offence within two years, he is liable, in addition to costs, to a fine of $100 to $300.
(6)  In any proceeding taken under this act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the board, but a copy or extract duly certified by a person designated by the board, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, primafacie, the signature and authority of the employee of the board who gives it.
Several offences committed by the same person may be covered in the same complaint provided that it indicates precisely the time when and place where each offence was committed.
(7)  In the case of a bankruptcy or a winding-up order of a company, the directors of such company are jointly and severally liable for payment of the salary due to the employees of the company, up to six months’ salary, provided that a claim for such debt is filed in the year of the bankruptcy or the winding-up order.
The same applies, when, after a judgment rendered against a company, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.
(8)  In the cases contemplated in subsection 7, the board shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10.
122. (1)  Any civil action arising out of the decree or out of this act is prescribed by six months from the due date in each case. In the case of a false entry in the compulsory register, the registration system or the pay-list, or of a secret rebate, or of any other fraud, prescription shall run against the commission’s recourse only from the date when the commission becomes aware of the fraud.
For the purposes of the recourses of the board respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.
However, a claim sent by the board to the employer, by registered or certified mail, shall interrupt prescription for the amount of the salary claimed and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.
(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:
(a)  by reason of information given to the representatives of the board respecting an agreement, a decree, a regulation or a violation of the provisions of this act;
(b)  by reason of a complaint or accusation respecting it, or of testimony in a suit or motion relating to it;
(c)  with intent to re-engage him in an inferior employment and so evade the provisions of the decree by paying a lower wage,
is guilty of an offence and liable, upon summary proceeding, in addition to costs, to a fine of fifty to one hundred dollars; in the case of a subsequent offence within two years, he is liable, in addition to costs, to a fine of one hundred to three hundred dollars.
(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as damages, the equivalent of one month’s wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.
(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of a decree, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, commits an unlawful act and is liable, upon summary proceeding, to a fine of not less than two hundred dollars nor more than five hundred dollars and costs for the first offence, and to a fine of not less than five hundred dollars nor more than one thousand dollars and costs for any subsequent offence.
Failing immediate payment of the above mentioned fine and costs, such person shall be sentenced to imprisonment for not less than one month nor more than three months for the first offence, and for three months for any subsequent offence.
(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable, upon summary proceeding, in addition to costs, to a fine of fifty to one hundred dollars; in the case of a subsequent offence within two years, he is liable, in addition to costs, to a fine of one hundred to three hundred dollars.
(6)  In any proceeding taken under this act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the board, but a copy or extract duly certified by a person designated by the board, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, primafacie, the signature and authority of the employee of the board who gives it.
Several offences committed by the same person may be covered in the same complaint provided that it indicates precisely the time when and place where each offence was committed.
(7)  Notwithstanding section 96 of the Companies Act, in the case of a bankruptcy or a winding-up order, the directors of a company are personally liable for payment of the salary due to the employees of such company, up to six months’ salary, if the directors are sued within six months of the judgment acknowledging that the salary is due.
(8)  In the cases contemplated in subsection 7, the board shall reimburse to the employee the salary he has lost and by the sole fact of such reimbursement, it shall be subrogated in the rights of such employee.
1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84.