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

Act current to 2017-04-12 and last amended on 2016-01-03. Previous Versions

Marginal note:Remuneration and expenses

 The members of an Industrial Inquiry Commission, the members of a conciliation board and every person not employed in the federal public administration who acts as a conciliation officer or conciliation commissioner or who functions under this Part in any other capacity at the request of the Minister, except as an arbitrator or arbitration board chairperson, shall be paid such remuneration and expenses as may be fixed by the Governor in Council by regulation or by order.

  • R.S., 1985, c. L-2, s. 116;
  • 1998, c. 26, s. 59(E);
  • 2003, c. 22, s. 224(E).
Marginal note:Persons deemed not to be employed in public service

 Unless the Governor in Council otherwise orders in a case or class of cases, a person appointed under this Part shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • R.S., 1985, c. L-2, s. 117;
  • 2003, c. 22, s. 225(E).
Marginal note:Witness fees and expenses

 A person who is summoned by the Board, a conciliation board, a conciliation commissioner or an Industrial Inquiry Commission to attend as a witness in any proceeding taken under this Part, and who so attends, is entitled to be paid an allowance for expenses and a witness fee, determined in accordance with the scale for the time being in force with respect to witnesses in civil suits in the superior court of the province in which the proceeding is being taken.

  • 1972, c. 18, s. 1.
Marginal note:Member of Board, conciliation board, etc., not required to give evidence
  •  (1) No member of the Board or a conciliation board, conciliation officer, conciliation commissioner, officer or employee employed in the federal public administration or person appointed by the Board or the Minister under this Part shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Part.

  • Marginal note:Chief Administrator and employees not required to give evidence

    (2) Neither the Chief Administrator nor an employee of the Administrative Tribunals Support Service of Canada shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties in providing services to the Board.

  • R.S., 1985, c. L-2, s. 119;
  • 1999, c. 31, s. 162(E);
  • 2003, c. 22, s. 224(E);
  • 2014, c. 20, s. 420.
Marginal note:No disclosure

 For greater certainty, the following may not be disclosed without the consent of the person who made them:

  • (a) notes or draft orders or decisions of the Board or any of its members, or of an arbitrator or arbitration board chairperson appointed by the Minister under this Part; and

  • (b) notes or draft reports of persons appointed by the Minister under this Part to assist in resolving disputes or differences, or of persons authorized or designated by the Board to assist in resolving complaints or issues in dispute before the Board.

  • 1998, c. 26, s. 54.

Arrangements with Provinces

Marginal note:Where uniform provincial legislation
  •  (1) Where this Part and legislation enacted by the legislature of a province are substantially uniform, the Minister may, on behalf of the Government of Canada, with the approval of the Governor in Council, enter into an agreement with the government of the province to provide for the administration of the legislation of the province by officers and employees employed in the federal public administration.

  • Marginal note:Agreement for administration by Canada

    (2) An agreement made pursuant to subsection (1) in respect of the administration of any legislation of a province may provide

    • (a) for the administration by Canada of the legislation of the province with respect to any particular work, undertaking or business;

    • (b) that the Minister may, on behalf of the province, exercise the powers conferred or perform the duties imposed under the legislation of the province;

    • (c) that the members of the Board, or officers and employees employed in the federal public administration, may exercise the powers conferred or perform the duties imposed under the legislation of the province; and

    • (d) for payment by the government of the province to the Government of Canada for expenses incurred by the Government of Canada in the administration of the legislation of the province.

  • Marginal note:Where powers or duties conferred by provincial legislation

    (3) Where an agreement has been entered into between the Government of Canada and the government of a province in respect of any legislation of the province, the Minister, the members of the Board and any officers or employees employed in the federal public administration may, if the legislation so provides and the Governor in Council so orders, exercise the powers and perform the duties specified in the legislation or agreement.

  • R.S., 1985, c. L-2, s. 120;
  • 2003, c. 22, s. 224(E).

Annual Reports

Marginal note:Annual report of Board
  •  (1) The Board shall, on or before January 31 next following the end of each fiscal year, submit to the Minister a report on the activities of the Board during the immediately preceding fiscal year and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

  • (2) [Repealed, 1996, c. 11, s. 65]

  • R.S., 1985, c. L-2, s. 121;
  • 1996, c. 11, s. 65.

Application of Provincial Laws

Marginal note:Provincial Crown corporations

 The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

  • 1996, c. 12, s. 1;
  • 1997, c. 9, s. 125.
Marginal note:Exclusion from application
  •  (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any of the provisions of this Part any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

  • Marginal note:Regulations

    (2) On the recommendation of the Minister, the Governor in Council may make regulations respecting any matter relating to industrial relations, including the prevention of a work stoppage or the continuation or resumption of operations, in relation to employment that is subject to a regulation made pursuant to subsection (1).

  • Marginal note:Incorporation of provincial law

    (3) A regulation made under subsection (2) incorporating by reference, in whole or in part, an Act of the legislature of a province or an instrument made under such an Act may incorporate the Act or instrument as amended to a certain date or from time to time.

  • Marginal note:Application of regulation

    (4) A regulation made under subsection (2) may apply

    • (a) generally, with respect to all employment that is subject to a regulation made pursuant to subsection (1); or

    • (b) to any class or classes of employment that are subject to a regulation made pursuant to subsection (1).

  • Marginal note:Administration and enforcement

    (5) A regulation made under subsection (2) incorporating an Act or instrument shall, after consultation by the Minister with the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration and enforcement of the Act or instrument.

  • Marginal note:Offence and penalty

    (6) Subject to subsection (7), every person who contravenes a regulation made under subsection (2) by contravening a provision of an Act of the legislature of a province that, or an instrument made under such an Act that, is incorporated by the regulation is guilty of an offence against this Act and liable to the same punishment as is imposed by or under an Act of that legislature for the contravention of that provision.

  • Marginal note:Defence

    (7) No person may be convicted of an offence or subjected to a punishment for a contravention described in subsection (6) unless it is proved that, at the time of the alleged contravention,

    • (a) the incorporated Act or instrument was reasonably accessible to the person;

    • (b) reasonable steps had been taken to ensure that the incorporated Act or instrument was accessible to persons likely to be affected by the regulation; or

    • (c) the incorporated Act or instrument had been published in the official gazette of the province or as otherwise authorized by the legislature of the province.

  • Marginal note:Procedure

    (8) The prosecution of a contravention described in subsection (6) shall be commenced by the attorney general of the province in which the offence was committed.

  • 1996, c. 12, s. 1;
  • 1997, c. 9, s. 125.
 
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