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

Act current to 2016-06-21 and last amended on 2016-01-03. Previous Versions

Marginal note:Annual vacation

 Despite any term or condition of employment, an employee may postpone their annual vacation until after the day on which a leave of absence that is taken under this Division ends or the day on which a leave under section 206.1 ends, if that leave was interrupted by a leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • 2008, c. 15, s. 1;
  • 2012, c. 27, s. 12.
Marginal note:Continuous employment — benefits
  •  (1) For the purposes of calculating the benefits of an employee who takes a leave of absence under this Division, employment on the employee’s return to work is deemed to be continuous with their employment before the leave.

  • Marginal note:Seniority

    (2) The seniority of an employee who takes a leave of absence under this Division shall accumulate during the leave.

  • 2008, c. 15, s. 1.
Marginal note:Application of section 189

 Section 189 applies for the purposes of this Division.

  • 2008, c. 15, s. 1.
Marginal note:Resumption of employment in same position
  •  (1) At the end of a leave of absence that is taken under this Division, the employer shall reinstate the employee in the position that the employee occupied on the day before the day on which the leave begins.

  • Marginal note:Comparable position

    (2) If for a valid reason an employer is not able to reinstate the employee in that position, they shall reinstate the employee in a comparable position with the same wages and benefits and in the same location.

  • 2008, c. 15, s. 1.
Marginal note:Not able to perform work

 Subject to the regulations, if an employee is not able to perform the functions of the position that they occupy before the leave begins — or those of a comparable position, with the same wages and benefits and in the same location — the employer may assign them to a position with different terms or conditions of employment.

  • 2008, c. 15, s. 1.
Marginal note:Wages or benefits affected by reorganization
  •  (1) If, during a leave of absence that is taken under this Division, the wages or benefits of the group of employees of which an employee is a member are changed as part of a plan to reorganize the industrial establishment in which that group is employed, the employee is entitled, on reinstatement under this section, to receive the wages and benefits in respect of that employment that that employee would have been entitled to receive had that employee been working when the reorganization took place.

  • Marginal note:Notice of change in wages or benefits

    (2) The employer of an employee who is on leave and whose wages or benefits would be changed as a result of the reorganization shall, as soon as practicable, send a notice to the employee at their last known address.

  • 2008, c. 15, s. 1.
Marginal note:Prohibition — employee
  •  (1) No employer may dismiss, suspend, lay off, demote or discipline an employee because they are a member of the reserve force or intend to take or have taken a leave of absence under this Division or take into account the fact that an employee is a member of the reserve force or intends to take or has taken a leave of absence under this Division in a decision to promote or train them.

  • Marginal note:Prohibition — future employee

    (2) No person may refuse to employ a person because they are a member of the reserve force.

  • 2008, c. 15, s. 1.
Marginal note:Regulations

 The Governor in Council may make regulations for carrying out the purposes of this Division and, without restricting the generality of the foregoing, may make regulations

  • (a) specifying the absences that are deemed not to interrupt continuity of employment for the purpose of subsection 247.5(1);

  • (b) specifying what constitutes or does not constitute an operation for the purposes of paragraph 247.5(1)(a);

  • (c) setting out the activities for the purposes of paragraph 247.5(1)(b);

  • (d) defining “annual training” for the purposes of paragraph 247.5(1)(c);

  • (e) limiting the duration of the treatment, recovery or rehabilitation referred to in paragraph 247.5(1)(g) or setting out the terms or conditions for the application of that paragraph;

  • (f) specifying what constitutes or does not constitute undue hardship for the purposes of subsection 247.5(4);

  • (g) specifying what constitutes or does not constitute a valid reason for the purposes of subsection 247.6(1), (2), (3) or (4), 247.7(3) or 247.93(2);

  • (h) specifying the circumstances in which section 247.7, subsection 247.8(1), section 247.9 or subsection 247.91(2) do not apply;

  • (i) specifying the circumstances in which an employer may not assign an employee to a position with different terms or conditions of employment for the purposes of section 247.94;

  • (j) prescribing the maximum duration of a leave of absence that may be taken under this Division;

  • (k) specifying the maximum number of leaves of absence — or the maximum duration of leave — that may be taken under this Division within a given period;

  • (l) prescribing the classes of employees that are not entitled to a leave of absence under this Division if the Governor in Council is satisfied that the fact of taking leave would cause unreasonable consequences; and

  • (m) prescribing the circumstances in which classes of employees are not entitled to a leave of absence under this Division.

  • 2008, c. 15, s. 1.

DIVISION XVIAdministration and General

Inquiries

Marginal note:Inquiries
  •  (1) The Minister may,

    • (a) for any of the purposes of this Part, cause an inquiry to be made into and concerning employment in any industrial establishment; and

    • (b) appoint one or more persons to hold the inquiry.

  • Marginal note:Powers on an inquiry

    (2) A person appointed pursuant to subsection (1) has all of the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

  • R.S., c. L-1, s. 62.

Inspections

Marginal note:Inspectors
  •  (1) The Minister may designate any person as an inspector for the purposes of this Part.

  • Marginal note:Powers of inspectors

    (2) For the purposes of this Part and the regulations, an inspector may

    • (a) inspect and examine all books, payrolls and other records of an employer that relate to the wages, hours of work or conditions of employment affecting any employee;

    • (b) take extracts from or make copies of any entry in the books, payrolls and other records mentioned in paragraph (a);

    • (c) require any employer to make or furnish full and correct statements, either orally or in writing, in such form as may be required, respecting the wages paid to all or any of his employees, and the hours of work and conditions of their employment;

    • (c.1) require any employer that provides benefits to its employees under a long-term disability plan that must be insured in accordance with subsection 239.2(1) to furnish proof that the plan is insured in accordance with that subsection;

    • (d) require an employee to make full disclosure, production and delivery to the inspector of all records, documents, statements, writings, books, papers, extracts therefrom or copies thereof or of other information, either orally or in writing, that are in the possession or under the control of the employee and that in any way relate to the wages, hours of work or conditions of his employment; and

    • (e) require any party to a complaint made under subsection 240(1) to make or furnish full and correct statements, either orally or in writing, in such form as may be required, respecting the circumstances of the dismissal in respect of which the complaint was made.

  • Marginal note:Right to enter premises

    (3) An inspector may, at any reasonable time, enter on any place used in connection with a federal work, undertaking or business for the purpose of making an inspection authorized under subsection (2), and may, for that purpose, question any employee apart from his employer.

  • Marginal note:Assistance to inspectors

    (4) The person in charge of any federal work, undertaking or business and every person employed thereon or in connection with the operation thereof shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Part or the regulations.

  • Marginal note:Certificate to be produced

    (5) The Minister shall furnish every inspector with a certificate of his designation as an inspector and on entering any place used in connection with a federal work, undertaking or business an inspector shall, if so required, produce the certificate to the person in charge of that place.

  • Marginal note:Assistance

    (6) An inspector may, in carrying out the inspector’s duties and functions, be accompanied or assisted by such persons as the inspector considers necessary.

  • Marginal note:Evidence in civil suits precluded

    (7) No inspector, and no person who has accompanied or assisted the inspector in carrying out the inspector’s duties and functions, shall be required to give testimony in any civil suit or civil proceedings, or in any proceeding under section 242 with regard to information obtained in carrying out those duties and functions or in accompanying or assisting the inspector, except with the written permission of the Minister.

  • Marginal note:Inspector not liable

    (8) An inspector is not personally liable for anything done or omitted to be done by the inspector in good faith under the authority or purported authority of this Part.

  • R.S., 1985, c. L-2, s. 249;
  • 1993, c. 42, s. 35;
  • 2012, c. 19, s. 435.
 
Date modified: