All right.
Clause 223 looks at the new complaints mechanism. As was previously mentioned in the overview, this is something that did not exist previously in the code. That was set by policy.
The complaints mechanism in proposed subsection 251.01(1) simply specifies that an employee can make a complaint in writing to an inspector if there has been any contravention of the code. There is a qualifier that comes later, which I will explain.
Proposed subsection 251.01(2) specifies the timeline for making the complaint. As previously discussed, the timeline would be six months from the last day on which the employer was required to pay wages, if it's related to wages; otherwise, it would be six months from the day on which the subject matter of the complaint arose.
Proposed subsection 251.01(3) specifies exceptions to the time limit for making complaints. One is specified explicitly: that is, if an employee has in good faith made the complaint, but to the wrong government official. They may have made the complaint to a provincial department of labour or perhaps to the Canadian Human Rights Commission or the Canada Industrial Relations Board, so they've made it to the wrong place, but it was an honest mistake. Then we will count the time they filed the complaint with the other organization...again, it's just to make sure that employees are not penalized for not know knowing where to send it.
There's also a provision for regulation-making powers to further specify other exceptions that could be covered with respect to the six-month time limit.
Proposed subsection 251.01(4), which I will explain, specifies that employees may not, under this current complaints mechanism, make a complaint for unjust dismissal. The reason for this is that we already have a complaints mechanism for unjust dismissal under section 240 of the code, so this is just to ensure that we keep a clear separation between the two complaints mechanisms. They're not disentitled to make a complaint; it's just that they'll make it under the other provision.
Finally, proposed subsection 251.01(5) is a provision for greater certainty, just to clarify that, in some cases, employees...and this is in the case of employees who are covered by a collective agreement that provides equal or better standards with respect to certain provisions, such as annual vacations, statutory holidays, or bereavement leave.
Under the current rules, these employees would only be covered by their collective agreement and would have to use the grievance procedure under their collective agreement for any complaint. We are just clarifying that by adding this complaints mechanism we are not changing that rule. That rule still stands. If the collective agreement applies, then obviously the recourse is to go through that particular grievance procedure.