Section 44 – Additional orders re: Reprisals, property
Additional orders re: Reprisals, property - s. 44(1)
Subsection 44(1) states that where a person is convicted of contravening s. 9 or 10, the justice of the peace or the provincial judge making the conviction shall, in addition to the fine or term of imprisonment, order specific action that the person must take or refrain from taking to remedy the contravention. (Thus, the court could order that the person convicted return the property that was taken or retained to the foreign national who has the right to possess the property.)
Orders may also include - s. 44(2)
In addition to the powers granted to the court under s. 44(1), if an employer is convicted of contravening s. 10, s. 44(2) authorizes, but does not require, the court to order that the employee be paid any wages that are owing to the employee. The section also authorizes the court to order that the employee be reinstated or compensated by the employer, or both.
Note that pursuant to s. 45(1), where a person is convicted of contravening a provision of the Employment Protection for Foreign Nationals Act, 2009 (EPFNA) other than s. 10 (reprisal), the court is required to order the person to pay any amount owing to the foreign national with respect to the contravention.
Failure to comply with order - s. 44(3)
Subsection 44(3) sets out the fine for a failure to comply with a court order made under s. 44(1) of EPFNA. For example, if the court, on conviction for a violation of s. 10, orders the employer to reinstate the foreign national with compensation for lost wages and benefits, and the employer fails to comply, the court may further order the person, if an individual, to pay a fine of up to $2,000 for each day that he or she failed to comply with the order of the court. In the case of a corporation, the court could order that a fine of up to $4,000 be paid for each day the person failed to comply with the court's order. For example, if the court orders that a certain amount of money be paid by August 1st, and the person did not do so until September 1st of that same year, the person could be fined up to $124,000, if a corporation, or $62,000, if an individual, for the failure to comply in a timely manner with the order of the court. The fine would be in addition to any fine or term of imprisonment imposed pursuant to s. 41.