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

Act current to 2017-06-19 and last amended on 2017-06-19. Previous Versions

Providing of Information

Marginal note:Notice to provide information
  •  (1) Where a person is required to provide information for the purposes of this Part, the Minister may require the information to be provided by a notice to that effect served personally or sent by registered mail addressed to the latest known address of the person, and the person shall comply with the notice within such reasonable time as is specified therein.

  • Marginal note:Proof of failure to provide information

    (2) A certificate purporting to be signed by the Minister or by a person authorized by the Minister,

    • (a) certifying that a notice was sent by registered mail to the person to whom it was addressed, accompanied by an identified post office certificate of the registration and a true copy of the notice, and

    • (b) certifying that the information has not been provided as requested in the notice sent by the Minister,

    is evidence of the facts set out therein without proof of the signature or official character of the person by whom the certificate purports to be signed.

  • R.S., 1985, c. L-2, s. 155;
  • R.S., 1985, c. 9 (1st Supp.), s. 4.

Powers of the Canada Industrial Relations Board

Marginal note:Complaint to Board
  •  (1) Despite subsection 14(1), the Chairperson or a Vice-Chairperson of the Board, or a member of the Board appointed under paragraph 9(2)(e), may dispose of any complaint made to the Board under this Part and, in relation to any complaint so made, that person

    • (a) has all the powers, rights and privileges that are conferred on the Board by this Act other than the power to make regulations under section 15; and

    • (b) is subject to all the obligations and limitations that are imposed on the Board by this Act.

  • Marginal note:Application of Part I provisions

    (2) The provisions of Part I respecting orders and decisions of and proceedings before the Board under that Part apply in respect of all orders and decisions of and proceedings before the Board or any member thereof under this Part.

  • R.S., 1985, c. L-2, s. 156;
  • R.S., 1985, c. 9 (1st Supp.), s. 4;
  • 1998, c. 26, s. 57;
  • 2000, c. 20, s. 18.

Fees

Marginal note:Fees for services, etc.
  •  (1) The Governor in Council may, on the recommendation of the Treasury Board, fix the fees to be paid for services, facilities and products provided by the Minister under this Part or within the purpose of this Part.

  • Marginal note:Amount not to exceed cost

    (2) Fees fixed under subsection (1) may not exceed the costs to Her Majesty in right of Canada in respect of those items or matters.

  • 2000, c. 20, s. 19.

Regulations

Marginal note:Regulations
  •  (1) Subject to this section, the Governor in Council may make regulations

    • (a) prescribing anything that by this Part is to be prescribed;

    • (a.1) restricting or prohibiting any activity or thing that any provision of this Part contemplates being the subject of regulations; and

    • (b) respecting such other matters or things as are necessary to carry out the provisions of this Part.

  • Marginal note:Idem

    (1.1) Where the Governor in Council is of the opinion that a regulation cannot appropriately be made by prescribing a standard or other thing that by a paragraph of sections 125 to 126 is to be prescribed, the Governor in Council may make regulations in relation to the safety and health matters referred to in that paragraph in such manner as the Governor in Council considers appropriate in the circumstances, whether or not the opinion of the Governor in Council is indicated at the time the regulations are made.

  • (2) and (2.1) [Repealed, 1993, c. 42, s. 11]

  • Marginal note:Ministerial recommendations

    (3) Regulations of the Governor in Council under subsection (1) or (1.1) in respect of occupational safety and health of employees employed

    • (a) on ships, trains or aircraft, while in operation, shall be made on the recommendation of the Minister and the Minister of Transport; or

    • (b) on or in connection with exploration or drilling for or the production, conservation, processing or transportation of oil or gas in frontier lands, as defined in the Canada Petroleum Resources Act, shall be made on the recommendation of

      • (i) the Minister and the Minister of Indian Affairs and Northern Development, and

      • (ii) the Minister of Natural Resources, taking into consideration any recommendations made by the National Energy Board in relation to the regulations.

  • Marginal note:Regulations general or specific

    (4) Regulations made under this section may be made applicable to all employment to which this Part applies, to one or more classes of employment to which this Part applies or to such employment in one or more work places.

  • Marginal note:Incorporation of standards

    (5) Regulations made under this section incorporating a standard by reference may incorporate the standard as enacted or adopted at a certain date, as amended to a certain date or as amended from time to time.

  • Marginal note:Compliance with standards

    (6) Regulations made under this section that prescribe or incorporate a standard but that require the standard to be complied with only to the extent that compliance is practicable or reasonably practicable in circumstances governed by the standard may require the employer to report to the Minister the reason that full compliance is not practicable or reasonably practicable in particular circumstances.

  • R.S., 1985, c. L-2, s. 157;
  • R.S., 1985, c. 9 (1st Supp.), s. 4, c. 26 (4th Supp.), s. 5;
  • 1992, c. 1, s. 93;
  • 1993, c. 42, s. 11;
  • 1994, c. 10, s. 29, c. 41, s. 37;
  • 2000, c. 20, s. 20;
  • 2013, c. 40, s. 198.
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 federal work, undertaking or business 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, including a corporation whose activities are regulated, in whole or in part, under the Nuclear Safety and Control Act.

  • R.S., 1985, c. L-2, s. 158;
  • R.S., 1985, c. 9 (1st Supp.), s. 4;
  • 1996, c. 12, s. 3;
  • 1997, c. 9, s. 125;
  • 2000, c. 20, ss. 21, 30.
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 after consultation with the Canadian Nuclear Safety Commission, the Governor in Council may make regulations relating to occupational safety and health in relation to employment that is subject to a regulation made pursuant to subsection (1).

  • R.S., 1985, c. L-2, s. 159;
  • R.S., 1985, c. 9 (1st Supp.), s. 4;
  • 1996, c. 12, s. 3;
  • 1997, c. 9, s. 125.
Marginal note:Application of certain provisions

 Subsections 121.2(3) to (8) apply, with such modifications as the circumstances require, in respect of a regulation made pursuant to subsection 159(2) except that the references to “subsection (2)” in subsections 121.2(3) to (6) shall be read as references to subsection 159(2).

  • R.S., 1985, c. L-2, s. 160;
  • R.S., 1985, c. 9 (1st Supp.), s. 4;
  • 1996, c. 12, s. 3.

 [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 4]

PART IIIStandard Hours, Wages, Vacations and Holidays

Interpretation

Marginal note:Definitions

 In this Part,

collective agreement

convention collective

collective agreement means an agreement in writing containing terms or conditions of employment of employees, including provisions with reference to rates of pay, hours of work and settlement by a third party of disagreements arising in the application of the agreement, between

  • (a) an employer or an employers’ organization acting on behalf of an employer, and

  • (b) a trade union acting on behalf of the employees in collective bargaining or as a party to an agreement with the employer or employers’ organization; (convention collective)

day

jour

day means any period of twenty-four consecutive hours; (jour)

employer

employeur

employer means any person who employs one or more employees; (employeur)

general holiday

jours fériés

general holiday means New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day and includes any day substituted for any such holiday pursuant to section 195; (jours fériés)

industrial establishment

établissement

industrial establishment means any federal work, undertaking or business and includes such branch, section or other division of a federal work, undertaking or business as is designated as an industrial establishment by regulations made under paragraph 264(b); (établissement)

inspector

inspecteur

inspector means any person designated as an inspector under section 249; (inspecteur)

order

arrêté

order means any order of the Minister made pursuant to this Part or the regulations; (arrêté)

overtime

heures supplémentaires

overtime means hours of work in excess of standard hours of work; (heures supplémentaires)

qualified medical practitioner

médecin ou médecin qualifié

qualified medical practitioner means a person who is entitled to practise medicine under the laws of a province; (médecin ou médecin qualifié)

regional director

directeur régional

regional director means the director of a regional office of the Department of Employment and Social Development or the director’s designated representative; (directeur régional)

standard hours of work

durée normale du travail

standard hours of work means the hours of work established pursuant to section 169 or 170 or in any regulations made pursuant to section 175; (durée normale du travail)

trade union

syndicat

trade union means any organization of employees formed for purposes that include the regulation of relations between employers and employees; (syndicat)

wages

salaire

wages includes every form of remuneration for work performed but does not include tips and other gratuities; (salaire)

week

semaine

week means, in relation to Division I, the period between midnight on Saturday and midnight on the immediately following Saturday. (semaine)

  • R.S., 1985, c. L-2, s. 166;
  • 1993, c. 42, s. 12;
  • 1996, c. 11, s. 66;
  • 2005, c. 34, s. 79;
  • 2013, c. 40, s. 237.
 
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