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Questions about Collection Tools and Powers

What are the new collection tools?

The Fair Workplaces, Better Jobs Act provides three new tools to collect amounts owing under the Employment Standards Act, 2000. The new collection tools are:

Security for Payment: This means that the Director of Employment Standards may accept security for the payment of amounts owing under the act. A “letter of credit” is one example of a security that would be permitted to be accepted.

Warrant: A warrant may issued to a sheriff to enforce payment of an order as well as the costs for enforcement.

Liens on Property: This section allows the Director of Employment Standards to register a lien on real and/or personal property. A lien on real property includes property such as a house or land. A lien on personal property includes such things as cars, inventory and machinery.

Only the ministry’s authorized collector will use these tools.

What are the new information sharing provisions under the act?

The Fair Workplaces, Better Jobs Act allows for the sharing of information between the Director of Employment Standards and the collector. Any disclosure of personal information shall be deemed to be in compliance with clause 42(1)(d) of the Freedom of Information and Protection of Privacy Act, when it has been shared in accordance with the Act.

The Employment Protection for Foreign Nationals Act has been amended to incorporate the new collection tools and information sharing provisions.

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