Canada Labour Code (R.S.C., 1985, c. L-2)

Act current to 2014-12-08 and last amended on 2014-11-01. Previous Versions

Division XIII.2Long-term Disability Plans

Marginal note:Employer’s obligation
  •  (1) Every employer that provides benefits to its employees under a long-term disability plan must insure the plan with an entity that is licensed to provide insurance under the laws of a province.

  • Marginal note:Exception

    (2) However, an employer may provide those benefits under a long-term disability plan that is not insured, in the circumstances and subject to the conditions provided for in the regulations.

  • 2012, c. 19, s. 434.
Marginal note:Regulations

 The Governor in Council may make regulations respecting long-term disability plans, including regulations

  • (a) specifying what constitutes a long-term disability plan; and

  • (b) specifying the circumstances and conditions referred to in subsection 239.2(2).

  • 2012, c. 19, s. 434.

Division XIVUnjust Dismissal

Marginal note:Complaint to inspector for unjust dismissal
  •  (1) Subject to subsections (2) and 242(3.1), any person

    • (a) who has completed twelve consecutive months of continuous employment by an employer, and

    • (b) who is not a member of a group of employees subject to a collective agreement,

    may make a complaint in writing to an inspector if the employee has been dismissed and considers the dismissal to be unjust.

  • Marginal note:Time for making complaint

    (2) Subject to subsection (3), a complaint under subsection (1) shall be made within ninety days from the date on which the person making the complaint was dismissed.

  • Marginal note:Extension of time

    (3) The Minister may extend the period of time referred to in subsection (2) where the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority.

  • R.S., 1985, c. L-2, s. 240;
  • R.S., 1985, c. 9 (1st Supp.), s. 15.
Marginal note:Reasons for dismissal
  •  (1) Where an employer dismisses a person described in subsection 240(1), the person who was dismissed or any inspector may make a request in writing to the employer to provide a written statement giving the reasons for the dismissal, and any employer who receives such a request shall provide the person who made the request with such a statement within fifteen days after the request is made.

  • Marginal note:Inspector to assist parties

    (2) On receipt of a complaint made under subsection 240(1), an inspector shall endeavour to assist the parties to the complaint to settle the complaint or cause another inspector to do so.

  • Marginal note:Where complaint not settled within reasonable time

    (3) Where a complaint is not settled under subsection (2) within such period as the inspector endeavouring to assist the parties pursuant to that subsection considers to be reasonable in the circumstances, the inspector shall, on the written request of the person who made the complaint that the complaint be referred to an adjudicator under subsection 242(1),

    • (a) report to the Minister that the endeavour to assist the parties to settle the complaint has not succeeded; and

    • (b) deliver to the Minister the complaint made under subsection 240(1), any written statement giving the reasons for the dismissal provided pursuant to subsection (1) and any other statements or documents the inspector has that relate to the complaint.

  • 1977-78, c. 27, s. 21.