Corporate Director's Appeal | fact sheet

Corporate Director's Appeal | fact sheet

Appealing a director’s certificate

If an individual served with a certificate issued pursuant to Section 112 of the Code does not agree with the certificate, the individual may file an appeal to an Umpire.

The Code requires that a Notice of Appeal must be received by the Employment Standards Registrar (Registrar) within 21 days of the date of service of the certificate or be postmarked by the Canada Post Corporation within 21 days from the date of service of the certificate.

The time limit for receiving appeals cannot be extended for any reason.

Requirements for a valid appeal of a director’s certificate

For an appeal of a director’s certificate to be valid, the Notice of Appeal must:

  • be in writing, and
  • include valid reasons for the appeal.

The only valid reasons for appeal of a director’s certificate are as stated in section 112(3) and 112(7) of the Code.

These reasons are where:

  • the person appealing wasn’t a director of the corporation at the time;
  • the director reasonably believes the corporation can pay the debt;
  • the certificate was filed more than two years after the date the person ceased to be a director of the company.

Please see the Employment Standards Code, section 112(3) and 112(7) for full details on allowable reasons for appeal. Legislation can be viewed on the Alberta Queen’s Printer website.

An appeal of a director’s certificate is not an appeal of an Order of Officer. By the process set out in the Code, the opportunity to appeal an Order of Officer issued against the corporate employer would have necessarily expired before the director’s certificate was issued.

Delivering a Notice of Appeal

A Notice of Appeal must be delivered to the Registrar at one of the following locations:

Northern Alberta

Office of the Registrar of Appeals
Employment Standards
7th Floor, Labour Building
10808 – 99 Avenue NW
Edmonton, Alberta T5K 0G5

Fax number: 780-644-7173

Southern Alberta

Office of the Registrar of Appeals
Employment Standards
#150, 717 – 7 Avenue SW
Calgary, Alberta T2P 0Z3

Fax number: 403-297-2385

Parties to an appeal

Appeals to an Umpire are dealt with by way of a hearing. Following section 96 of the Code, the Director of Employment Standards is a party to every appeal to an Umpire and every proceeding resulting from an Umpire’s award. The parties to the appeal are the appellant, (the alleged corporate director or former director of the corporate employer named in the Order of Officer) and the Director of Employment Standards. At the appeal hearing, the representative for the Director of Employment Standards will seek to have the certificate confirmed on behalf of the employee who is owed wages. The employee may be a witness at the hearing.

Both the appellant and employee will receive a letter confirming that a Notice of Appeal has been served on the Registrar and are encouraged to contact the Registrar’s office if interested in settling the matter prior to the appeal hearing. In the course of a settlement discussion, the representative for the Director of Employment Standards will relay information between the appellant and the employee, but will not offer an opinion or advice.

More details

How the law applies

When Employment Standards obtains a judgment stating that a corporate employer owes an employee wages, and those wages are not paid by the corporate employer, Employment Standards can pursue the directors or former directors of the corporation for the unpaid wages.

Section 112 of the Employment Standards Code (Code) sets out the liability of directors of corporate employers. The Code states that directors of a corporation are jointly and severally liable to an employee of the corporation for unpaid wages earned during a period not exceeding 6 months. The Code states that the Director of Employment Standards may serve each of the corporate directors and former corporate directors with a certificate for wages owed to an employee.

Disclaimer & copyright notice

This fact sheet contains general information, not legal advice. To interpret or apply the law, you must consult the Employment Standards Code and Employment Standards Regulation. This information is provided ‘as is’, without representation or warranty. The Government of Alberta will not be responsible for any loss or damage arising from your reliance on this information. This fact sheet is provided for your personal or educational use; it cannot be reproduced for commercial distribution.

PID: 15790

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