Section 22 – Meetings required by employment standards officer
Meetings required by employment standards officer - s. 22(1)
- The officer is investigating a complaint against a person.
- While inspecting a place, the officer comes to have reasonable grounds to believe that a person has contravened this Act with respect to a foreign national.
- The officer acquires information that suggests to him or her the possibility that a person may have contravened this Act with respect to a foreign national.
- The officer wishes to determine whether an employer is complying with this Act.
- The officer wishes to determine whether a recruiter or a person acting on behalf of a recruiter is complying with this Act.
This provision is similar to s. 102 of the Employment Standards Act, 2000.
Note that the language of s. 22(1) is permissive as far as the employment standards officer is concerned: the officer may require the persons listed in s. 22(2) to attend the meeting. The officer is not required by legislation to hold s. 22 meetings in preference to other methods of resolving claims or conducting an inspection.
That said, it is important to recognize that if a foreign national is employed as a live-in caregiver, the foreign national will both work and reside in a private residence. As per s. 34(2) of the Employment Protection for Foreign Nationals Act, 2009 (EPFNA), which incorporates s. 91(3) of the Employment Standards Act, 2000, certain rules apply to an employment standards officer seeking to enter premises used as a dwelling or living quarters. If the premises are used as a dwelling or living quarters, then the officer must have the consent of the person occupying the premises or must obtain a search warrant under s. 92 of the Employment Standards Act, 2000 before entering and inspecting.
For this and other reasons, an officer may find it preferable in such situations to conduct the investigation at a place other than the private residence. In that regard, s. 22(1) provides the authority to require attendance at a meeting, (which could be held at a government office) as long as written notice of the meeting is provided and the reason for the meeting is captured by one of the five listed circumstances:
- The officer is investigating a complaint;
- The officer inspects a place and comes to have reasonable grounds to believe that a person contravened EPFNA in respect of a foreign national;
- The officer acquired information suggesting the possibility that a person may have contravened EPFNA with respect to a foreign national (this may be a "tip");
- The officer wishes to determine whether an employer is complying with EPFNA; and
- The officer wishes to determine whether a recruiter or person acting on behalf of a recruiter is complying with EPFNA.
The Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 does not apply to meetings convened under s. 22(1), although the rules of natural justice generally do apply (as they generally do to any other aspect of the investigation process).
Attendees - s. 22(2)
This provision describes the persons who may be required to attend a meeting held under s. 22(1).
Requirements - s. 22(3)
This provision states that ss. 102(3) to (9) of the Employment Standards Act, 2000 apply with respect to s. 22 meetings. Those subsections deal with topics such as requirements for notice of the meeting, the requirement to bring or make available documents or other records for the meeting, and direction on the use of technology during a meeting. For a discussion of ss. 102(3) to (9) of the Employment Standards Act, 2000 see ESA Part XXII, s. 102.