Ontario Regulation 637/21
made under the
Employment Standards Act, 2000
Made: August 26, 2021 Filed: September 3, 2021 Published on e-Laws: September 3, 2021 Printed in The Ontario Gazette: September 18, 2021
SECTION 50.1.1 OVERPAYMENT RECOVERY
Overpayment recovery process
1. (1) For the purposes of subsection 50.1.1 (18) of the Act, the process set out in sections 2 to 5 of this Regulation is prescribed as the process by which an overpayment made by the Workplace Safety and Insurance Board under section 50.1.1 of the Act may be recovered from an employer.
(2) Subsections 91 (1) to (10) and (11) to (13) of the Act apply with respect to inspections to determine whether an overpayment was made by the Workplace Safety and Insurance Board to an employer.
Order to repay overpayment
2. (1) If an employment standards officer finds that an overpayment was made by the Workplace Safety and Insurance Board to an employer, the officer may order the employer to pay the amount of the overpayment to the Minister of Finance.
(2) An order issued under subsection (1) shall also require the employer to pay to the Director in trust an amount for administrative costs equal to the greater of $100 and 10 per cent of the overpayment.
(3) The order shall contain information setting out the nature of the overpayment or be accompanied by that information.
(4) The order shall be served on the employer in accordance with section 95 of the Act.
(5) Every employer against whom an order is issued under this section shall comply with it according to its terms.
3. (1) An employment standards officer shall not issue an order under section 2 more than four years after the date on which the overpayment was made by the Workplace Safety and Insurance Board to the employer.
(2) An employment standards officer shall not amend or rescind an order under section 2 after the last day on which the officer could have issued the order under subsection (1) of this section unless the employer against whom the order was issued consents to the rescission or amendment.
4. (1) An employer against whom an order has been issued under section 2 is entitled to a review of the order by the Board if, within 30 days after the day on which the order is served, the employer,
(a) applies to the Board in writing for a review; and
(b) pays the amount owing under the order to the Director in trust or provides the Director with an irrevocable letter of credit acceptable to the Director in that amount.
(2) The Board may extend the time for applying for a review under this section if it considers it appropriate in the circumstances to do so.
(3) The Board shall hold a hearing for the purposes of the review.
(4) The parties to the review are the employer against whom the order was issued and the Director.
(5) Subsections 116 (8) and (9), 117 (1) and (2), section 118 and subsections 119 (3) to (14) of the Act apply, with necessary modifications, with respect to a proceeding under this section.
(6) If an employer fails to apply for a review of an order issued under section 2 in accordance with subsection (1) of this section, the order becomes final and binding against the employer.
5. (1) Sections 125 to 127 and subsections 128 (1), (2), (4), (5) and (6) of the Act apply with respect to the collection of amounts owing under an order issued under section 2.
(2) Subject to subsection (3), a collector,
(a) shall pay any amount collected with respect to administrative costs to the Director;
(b) shall pay any amount collected with respect to an order under section 2 to the Minister of Finance; and
(c) may retain any amount collected with respect to the fees and disbursements.
(3) Despite subsection (1), if an amount is owing by an employer under an order issued under section 2 and an amount is also owing by the employer under an order issued under the Act to pay wages, fees or compensation, and the money collected by the collector is less than the full amount owing to all persons, the money shall be apportioned among those to whom it is owing under the order issued under the Act to pay wages, fees or compensation in the proportion each is owed and paid to them in accordance with subsection 128 (4) of the Act before any amount is apportioned in respect of the order issued under section 2.
6. This Regulation comes into force on the day it is filed.