PART XI ADMINISTRATION — Powers of director

receive representations and complaints, or either, from or on behalf of employers, employees and other persons that this Act, or an order or regulation made under this Act, has not been or is not being complied with;

investigate either on direction by or on behalf of the minister or upon representations or complaints made under paragraph (a), and, where the matter investigated or complained of relates directly or indirectly to a provision of this Act or an order or regulation made under this Act to be fulfilled by an employer, employee or director of a corporation, may consult with the persons affected by or associated with the investigation or complaint with a view to achieving a settlement;

make determinations respecting complaints received under paragraph (a) or following an investigation under paragraph (b) and immediately make written intimation of the determination to those persons determined by the director to be in breach of this Act, or regulations or orders made under this Act;

receive and investigate complaints under Part II of the Pay Equity and Pay Transparency Act and make a determination of whether Part II of that Act has been contravened;

accept from employers or directors of corporations unpaid wages, tips or gratuities or surcharges paid instead of tips or gratuities due to the employees and remit them to the employees;

where unpaid wages, tips or gratuities or surcharges paid instead of tips or gratuities are not received by the director under paragraph (d), demand evidence that the wages, tips or gratuities or surcharges instead of tips or gratuities have been paid to each employee in accordance with a determination made and intimated; and

prosecute, under the Summary Proceedings Act, offenders of this Act after having received the consent of the Minister of Justice, which consent may be general or limited to those classes of cases that may be specified in the consent.

Where the director or an officer designated by the director conducts an investigation under paragraph (1)(b), the director or officer shall provide an affected person with the opportunity to be heard either orally, in person or represented by counsel, or by making a written submission to the director or officer.

A complaint to the director may not be made after the expiry of 2 years from the happening of the event giving rise to the complaint but, where an employee's contract of service is terminated, the complaint shall be made not later than 6 months of the date the employee's contract is terminated.

A determination of the director under this section may be filed with the Supreme Court and, when filed, the determination is enforceable as an order of that court.