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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER V - Recourses

Civil recourses

Sections
98
99
100
101
102
103
104
105
106
107
107.1
108
109
110
111
112
113
114
115
116
117
118
119
119.1
120
121

Section 116

Prescription interrupted

A notice of inquiry sent by the Commission to the employer by registered or certified mail suspends prescription in respect of all his employees for six months from the date of mailing.

1979, c. 45, s. 116; 1990, c. 73, s. 52; 1992, c. 26, s. 15.

Interpretation

The sending of a notice of inquiry by the Commission, in the year that follows the date the debt becomes claimable, suspends the prescription for a period of six months from the time of its posting.

The Commission then has an additional six-month period to take action, which is added to the one-year period stipulated in section 115 of the Act.

The notice of inquiry must be sent by registered or certified mail. It is the sending of the notice of inquiry that suspends the prescription and not its receipt by the employer.

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