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

Act current to 2014-10-27 and last amended on 2014-10-12. Previous Versions

Marginal note:Responsibility of employer

 Every employer shall make every reasonable effort to ensure that no employee is subjected to sexual harassment.

  • R.S., 1985, c. 9 (1st Supp.), s. 17.
Marginal note:Policy statement by employer
  •  (1) Every employer shall, after consulting with the employees or their representatives, if any, issue a policy statement concerning sexual harassment.

  • Marginal note:Contents of policy statement

    (2) The policy statement required by subsection (1) may contain any term consistent with the tenor of this Division the employer considers appropriate but must contain the following:

    • (a) a definition of sexual harassment that is substantially the same as the definition in section 247.1;

    • (b) a statement to the effect that every employee is entitled to employment free of sexual harassment;

    • (c) a statement to the effect that the employer will make every reasonable effort to ensure that no employee is subjected to sexual harassment;

    • (d) a statement to the effect that the employer will take such disciplinary measures as the employer deems appropriate against any person under the employer’s direction who subjects any employee to sexual harassment;

    • (e) a statement explaining how complaints of sexual harassment may be brought to the attention of the employer;

    • (f) a statement to the effect that the employer will not disclose the name of a complainant or the circumstances related to the complaint to any person except where disclosure is necessary for the purposes of investigating the complaint or taking disciplinary measures in relation thereto; and

    • (g) a statement informing employees of the discriminatory practices provisions of the Canadian Human Rights Act that pertain to rights of persons to seek redress under that Act in respect of sexual harassment.

  • Marginal note:Publicity

    (3) Every employer shall make each person under the employer’s direction aware of the policy statement required by subsection (1).

  • R.S., 1985, c. 9 (1st Supp.), s. 17.

Division XV.2Leave of Absence for Members of the Reserve Force

Marginal note:Entitlement to leave
  •  (1) An employee who is a member of the reserve force and has completed six consecutive months of continuous employment with an employer — or a shorter period that is prescribed for a class of employees to which the employee belongs — is entitled to a leave of absence from employment to take part in the following operations or activities:

    • (a) an operation in Canada or abroad — including preparation, training, rest or travel from or to the employee’s residence — that is designated by the Minister of National Defence;

    • (b) an activity set out in the regulations;

    • (c) annual training for the prescribed period or, if no period is prescribed, for a period of up to 15 days;

    • (d) training that they are ordered to take under paragraph 33(2)(a) of the National Defence Act;

    • (e) duties that they are called out on service to perform under paragraph 33(2)(b) of the National Defence Act;

    • (f) service in aid of a civil power for which they are called out under section 275 of the National Defence Act; or

    • (g) treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from service in an operation or activity referred to in this subsection.

  • Marginal note:Designation and delegation

    (2) The Minister of National Defence may, in consultation with the Minister, designate an operation for the purposes of paragraph (1)(a) and may authorize another person to do so.

  • Marginal note:Effect

    (3) A designation takes effect on the day on which it is made or on an earlier or later day that is fixed by the Minister of National Defence or the other person. The Minister of National Defence or the other person may fix the day on which the designation ceases to be in effect.

  • Marginal note:Exception

    (4) Despite subsection (1), an employee is not entitled to a leave of absence under this Division if, in the opinion of the Minister, it would adversely affect public health or safety or would cause undue hardship to the employer if the employee, as an individual or as a member of a class of employees, were to take leave.

  • 2008, c. 15, s. 1.