Under Bill 47, remedial certification will only be granted if

Under Bill 47, remedial certification will only be granted if

• A. The Board concludes that no other remedy would be sufficient to counter the effects of the contravention.
• B. The employee proves damages exceed $10,000.
• C. The contravention occurred more than five years ago.
• D. The employer agrees to implement a remedy.

Answer: (A)

Remedial certification is a remedy the Board uses only when ordinary remedies won’t adequately fix the harm caused by the contravention. Under Bill 47, the key requirement is that the Board must conclude no other remedy would be sufficient to counter the effects of the contravention. This makes it a last-resort measure, aimed at addressing harm that standard remedies (like damages, reinstatement, or other corrective actions) can’t fully remedy. Damages amount, or the passage of time since the incident, isn’t what triggers eligibility, and the Board isn’t dependent on the employer’s agreement to grant this remedy. The remedy can be imposed when it’s necessary to effectively counter the harms, even if those other factors aren’t present.

Remedial certification is a remedy the Board uses only when ordinary remedies won’t adequately fix the harm caused by the contravention. Under Bill 47, the key requirement is that the Board must conclude no other remedy would be sufficient to counter the effects of the contravention. This makes it a last-resort measure, aimed at addressing harm that standard remedies (like damages, reinstatement, or other corrective actions) can’t fully remedy.

Damages amount, or the passage of time since the incident, isn’t what triggers eligibility, and the Board isn’t dependent on the employer’s agreement to grant this remedy. The remedy can be imposed when it’s necessary to effectively counter the harms, even if those other factors aren’t present.