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

Act current to 2016-05-12 and last amended on 2016-01-03. Previous Versions

DIVISION XVPayment of Wages

Marginal note:Payment of wages

 Except as otherwise provided by or under this Part, an employer shall

  • (a) pay to any employee any wages to which the employee is entitled on the regular pay-day of the employee as established by the practice of the employer; and

  • (b) pay any wages or other amounts to which the employee is entitled under this Part within thirty days from the time when the entitlement to the wages or other amounts arose.

  • 1977-78, c. 27, s. 21.

DIVISION XV.1Sexual Harassment

Definition of sexual harassment

 In this Division, sexual harassment means any conduct, comment, gesture or contact of a sexual nature

  • (a) that is likely to cause offence or humiliation to any employee; or

  • (b) that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.

  • R.S., 1985, c. 9 (1st Supp.), s. 17.
Marginal note:Right of employee

 Every employee is entitled to employment free of sexual harassment.

  • R.S., 1985, c. 9 (1st Supp.), s. 17.
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.
Marginal note:Notice to employer
  •  (1) An employee who takes a leave of absence under this Division shall

    • (a) unless there is a valid reason for not doing so, give at least four weeks’ notice to the employer before the day on which the leave is to begin; and

    • (b) inform the employer of the length of the leave.

  • Marginal note:If there is a valid reason

    (2) If there is a valid reason for not providing notice in accordance with paragraph (1)(a), the employee shall notify the employer as soon as practicable that the employee is taking a leave of absence.

  • Marginal note:Change in length of leave

    (3) Unless there is a valid reason for not doing so, an employee who takes a leave of absence under this Division shall notify the employer of any change in the length of the leave at least four weeks before

    • (a) the new day on which the leave is to end, if the employee is taking a shorter leave; or

    • (b) the day that was most recently indicated for the leave to end, if the employee is taking a longer leave.

  • Marginal note:In writing

    (4) Unless there is a valid reason for not doing so, any notice or other information to be provided by the employee to the employer under this section is to be in writing.

  • 2008, c. 15, s. 1.
Marginal note:Request for proof
  •  (1) Subject to subsection (2), if the employer requests proof that a leave of absence is taken under this Division, the employee shall provide the employer with the prescribed document, if any, or with a document that is approved by the Chief of the Defence Staff who was appointed under subsection 18(1) of the National Defence Act.

  • Marginal note:No prescribed or approved document

    (2) If no document is prescribed, or approved by the Chief of the Defence Staff, the employee shall, on request, provide the employer with a document from the employee’s commanding officer specifying that the employee is taking part in an operation or activity referred to in paragraphs 247.5(1)(a) to (g).

  • Marginal note:Timing

    (3) Unless there is a valid reason for not doing so, the employee shall provide the document referred to in subsection (1) or (2) within three weeks after the day on which the leave begins.

  • 2008, c. 15, s. 1.
Marginal note:Return to work postponed
  •  (1) If the employee does not notify the employer at least four weeks before the day on which the leave that is taken under this Division is to end, the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.

  • Marginal note:Subsection (1) does not apply

    (2) Subsection (1) does not apply if the employee notifies the employer in accordance with paragraph 247.6(1)(b) before the leave begins and if the length of the leave is not changed after the leave begins.

  • Marginal note:Deemed part of leave

    (3) The period of postponement referred to in subsection (1) is deemed to be part of the leave.

  • 2008, c. 15, s. 1.
 
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