Human Resources and Skills Development Canada
Symbol of the Government of Canada

Labour

www.labour.gc.ca

Filing of Orders in Federal Court - Labour Standards

Filing of Orders in Federal Court - Labour Standards

Canada Labour Code, Part III Labour Standards

Part III of the Canada Labour Code provides workers and employers under federal jurisdiction with a simple but effective administrative procedure to resolve disputes about the non-payment of wages and other amounts under the Code. Should this process prove unsuccessful, the Code also contains a provision allowing a party to request that the Minister of Labour file the order in the Federal Court of Canada on their behalf.

The effect of filing in Court

The significance of this filing procedure is that it gives the payment order, referee's order, or adjudicator's order the same force and effect as if it were a judgment of the Federal Court with all of the legal consequences that would flow from such a judgment.

The authority of the Code ends

Once an order has been filed in the Federal Court, the statutory authority of the Labour Program ends. The Labour Program has no authority beyond this point to enforce the order.

The next steps are with the Office of the Court

Inquiries regarding the enforcement of an order should be directed to the nearest office of the Federal Court of Canada. They can provide explanations of court rules and associated costs related to enforcement proceedings. Quite often, it is advisable to seek legal assistance on the avenues available for enforcement through the Federal Court.

Contacting the Court

The Court has one Registry for all of Canada. That Registry consists of principal office in Ottawa and other offices in different parts of the country. Any party in any proceeding may file documents, have writs issued, or otherwise do business with the office of the Registry that is most conveniently located. Thus, for example, an action may be commenced by filing a statement of claim in the Vancouver office, one defendant may file their defence in the Montreal office, and another defendant may file their defence in the Toronto office. Each of the parties may then continue to deal with the particular office that is most conveniently located to them.

Location of Court Offices

Principal Office: Ottawa, Ontario

British Columbia – Vancouver
Alberta – Calgary and Edmonton
Saskatchewan – Regina and Saskatoon
Manitoba – Winnipeg
Ontario – Toronto
Quebec – Montréal and City of Québec
Prince Edward Island – Charlottetown
New Brunswick – Fredericton and Saint John
Nova Scotia – Halifax
Newfoundland and Labrador – St. John's
Northwest Territories – Yellowknife
Yukon Territory – Whitehorse
Nunavut – Iqaluit

The Federal Court website

The number, 1-800-641-4049, offers 24-hour bilingual information on the Directorate's programs and services and provides a single point of contact for our clients and Canadians

You can order this publication by contacting:

Publications Services
Human Resources and
Skills Development Canada
140 Promenade du Portage
Phase IV, 12th Floor
Gatineau, Quebec
K1A 0J9

Fax: 819-953-7260
Online: Publicentre - Publication Search

This document is available on demand in alternative formats (Large Print, Braille, Audio Cassette, Audio CD, e-Text Diskette, e-Text CD, or DAISY), by contacting 1 800 O-Canada (1-800-622-6232). If you have a hearing or speech impairment and use a teletypewriter (TTY), call 1-800 926-9105.

© Her Majesty the Queen in Right of Canada, 2010

Print
Cat. No.: HS24-58/2010
ISBN: 978-1-100-15286-0

PDF
Cat. No.: HS24-58/2010E-PDF
ISBN: 978-1-100-15255-4

Full text of Filing of Orders in Federal Court (Labour Standards) in PDF (97 KB)

To access the Portable Document Format (PDF) version you must have a PDF reader installed. If you do not already have such a reader, there are numerous PDF readers available for free download or for purchase on the Internet:

Footer

Date Modified:
2012-02-15