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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER VII - Penal provisions

Sections
139
140
141
141.1
142
143
144
145
145.1
146
147

Section 139

Offence and penalty

Every employer is guilty of an offence and liable to a fine of $600 to $1,200 and, for any subsequent conviction, to a fine of $1,200 to $6,000, who:

  1. knowingly destroys, alters or falsifies:
    a) a register;
    b) the registration system;
    c) a document dealing with the carrying out of this act or a regulation.
  2. fails, neglects or refuses to keep a document contemplated in paragraph 1.

1979, c. 45, s. 139; 1986, c. 58, s. 65; 1990, c. 4, s. 609; 1991, c. 33, s. 87; 1997, c. 85, s. 367.

Interpretation

The term "offence" used in this division is defined as behaviour prohibited by the legislator that entails the criminal liability of its author. A repeat offence is the fact, for a person having incurred a penal conviction, of once again committing an offence of the same nature.

The offences contemplated by this provision are those related to destruction, alteration, falsification, omission, refusal or negligence in the keeping of documents such as payroll journals and pay sheets. For example, the refusal to keep a register or issue a pay sheet in accordance with the Act or the regulation is an offence.

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