Ontario Labour Relations Board review of notice of contravention - s. 30(1)

This provision establishes the right of a person against whom a notice of contravention has been issued to a review of the notice of contravention as provided for in s. 122(1) of the Employment Standards Act, 2000. Subsection 122(1) of the Employment Standards Act, 2000 provides that the written application for review must be made within thirty days of the service of the notice, unless the Ontario Labour Relations Board considers it appropriate to extend the time limit.

It is important to note that it is only the person against whom the notice has been issued, and not the foreign national to whom the contravention relates, who can apply for a review.

For a discussion of s. 122(1), see ESA Part XXIII.

Requirements - s. 30(2)

On October 26, 2023, this subsection was amended by the Working for Workers Act, 2023 to include reference to subsection 30(3), which specifically applies to reviews of notices issued for contraventions of ss. 9(1) and 9(2) in respect to a passport or work permit.

Subsections 122(2) to (7) of the Employment Standards Act, 2000 and subsection (3) of this section apply to a request for review of a notice of contravention. In very general terms, those provisions relate to reviews of notices of contravention at the Ontario Labour Relations Board and to the powers of the Board on such reviews.

For a more detailed discussion of ss. 122(2) to (7), see ESA Part XXIII.

Same – s. 30(3)

On October 26, 2023, this section was amended by the Working for Workers Act, 2023 to add the requirement that if the Ontario Labour Relations Board finds that a person contravened ss. 9(1) or 9(2) of the Act in respect of a passport or work permit, the Board must determine if the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances and, if so, the Board must reduce the penalty.

Clause 122(5)(c) of the ESA 2000 provides the Board with the option to find that the person committed the contravention but amend the notice by reducing the penalty. However, despite clause 122(5)(c) of the ESA 2000, this section imposes a mandatory obligation for the Board to determine if the penalty is excessive in the circumstances or, by its magnitude, punitive in nature having regard to all the circumstances and, if so, the Board is required to reduce the penalty where the Board is reviewing a notice relating to ss. 9(1) or 9(2) of the Act in respect of a passport or work permit.

On December 27, 2023, O Reg 47/10 was amended to establish higher penalties for notices of contravention that are issued for contraventions of ss. 9(1) or 9(2) in respect of a passport or work permit.