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

Act current to 2014-12-08 and last amended on 2014-11-01. Previous Versions

Marginal note:Minister’s consent required
  •  (1) No proceeding in respect of an offence under this Part may be instituted except with the consent of the Minister or a person designated by the Minister.

  • Marginal note:Officers and senior officials, etc.

    (2) If a corporation or a department in, or other portion of, the federal public administration to which this Part applies commits an offence under this Part, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation or department in, or portion of, the federal public administration has been prosecuted or convicted:

    • (a) any officer, director, agent or mandatary of the corporation;

    • (b) any senior official in the department in, or portion of, the federal public administration; or

    • (c) any other person exercising managerial or supervisory functions in the corporation or department in, or portion of, the federal public administration.

  • Marginal note:Evidence of direction

    (3) On any prosecution for an offence under this Part, a copy of a direction purporting to have been made under this Part and purporting to have been signed by the person authorized under this Part to make the direction is evidence of the direction without proof of the signature or authority of the person by whom it purports to be signed.

  • Marginal note:Limitation period

    (4) Proceedings in respect of an offence under this Part may be instituted at any time within but not later than two years after the day on which the subject-matter of the proceedings arose.

  • R.S., 1985, c. L-2, s. 149;
  • R.S., 1985, c. 9 (1st Supp.), s. 4;
  • 2000, c. 20, s. 15;
  • 2003, c. 22, s. 111(E);
  • 2014, c. 13, s. 95.
Marginal note:Venue

 A complaint or information in respect of an offence under this Part may be heard, tried and determined by a provincial court judge or justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, notwithstanding that the matter of the complaint or information did not arise in that territorial jurisdiction.

  • R.S., 1985, c. L-2, s. 150;
  • R.S., 1985, c. 9 (1st Supp.), s. 4, c. 27 (1st Supp.), s. 203.
Marginal note:Information

 In any proceedings in respect of an offence under this Part, an information may include more than one offence committed by the same person and all those offences may be tried concurrently and one conviction for any or all such offences may be made.

  • R.S., 1985, c. L-2, s. 151;
  • R.S., 1985, c. 9 (1st Supp.), s. 4.
Marginal note:Injunction proceedings

 The Minister may apply or cause an application to be made to a judge of a superior court for an order enjoining any person from contravening a provision of this Part, whether or not a prosecution has been instituted for an offence under this Part, or enjoining any person from continuing any act or default for which the person was convicted of an offence under this Part.

  • R.S., 1985, c. L-2, s. 152;
  • R.S., 1985, c. 9 (1st Supp.), s. 4;
  • 2002, c. 8, s. 120.