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

Marginal note:Suspension of complaint

• 246.2 (1) If the Board is satisfied that the employee must take measures before the Board may continue to deal with the complaint made under subsection 246.1(1), it may, at any time, suspend consideration of the complaint, in whole or in part.

• Marginal note:Notice

  (2) If the Board suspends a complaint, the Board shall notify the employee in writing and specify in the notice

  • (a) the measures that the employee must take; and

  • (b) the period of time within which the employee must take those measures.

• Marginal note:End of suspension

  (3) The suspension ends when, in the Board’s opinion, the measures specified in the notice have been taken.

Marginal note:Rejection of complaint

• 246.3 (1) The Board may reject a complaint made under subsection 246.1(1), in whole or in part,

  • (a) if the Board is satisfied that

    • (i) the complaint is not within its jurisdiction,

    • (ii) the complaint is frivolous, vexatious or not made in good faith,

    • (iii) the complaint has been settled in writing between the employer and the employee,

    • (iv) there are other means available to the employee to resolve the subject matter of the complaint that the Board considers should be pursued,

    • (v) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator, or

    • (vi) in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject matter of the complaint and provides a third party dispute resolution process; or

  • (b) if consideration of the complaint was suspended under subsection 246.2(1) and if, in the Board’s opinion, the measures specified in the notice under subsection 246.2(2) were not taken within the specified time period.

• Marginal note:Notice of rejection of complaint

  (2) If the Board rejects a complaint, it shall notify the employee in writing, with reasons.

Marginal note:Board orders

246.4 If the Board determines that a complaint under subsection 246.1(1) is justified, the Board may, by order, require the employer to cease engaging in or to rescind the reprisal and, if applicable, to

• (a) permit the employee who has made the complaint to return to the duties of their employment;

• (b) reinstate the employee;

• (c) pay to the employee compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for the reprisal, have been paid by the employer to the employee;

• (d) pay to the employee compensation not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer; and

• (e) do any other thing that the Board considers equitable for the employer to do to remedy or counteract any consequence of the reprisal.

Marginal note:Decisions final

• 246.5 (1) Every decision of the Board made under this Division is final and shall not be questioned or reviewed in any court.

• Marginal note:No review by certiorari, etc.

  (2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this Division.

Marginal note:Enforcement of orders

• 246.6 (1) Any person affected by an order of the Board under section 246.4, or the Head on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.

• Marginal note:Registration

  (2) On filing in the Federal Court under subsection (1), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.

246.7 [Repealed, 2017, c. 20, s. 356]

DIVISION XVPayment of Wages

Marginal note:Payment of wages

247 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.

DIVISION XV.1[Repealed, 2018, c. 22, s. 16]

247.1 [Repealed, 2018, c. 22, s. 16]

247.2 [Repealed, 2018, c. 22, s. 16]

247.3 [Repealed, 2018, c. 22, s. 16]

247.4 [Repealed, 2018, c. 22, s. 16]

DIVISION XV.2Leave of Absence for Members of the Reserve Force

Marginal note:Entitlement to leave

• 247.5 (1) An employee who is a member of the reserve force and has completed at least three 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 and shall be granted 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) Canadian Armed Forces military skills training;

  • (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:Maximum of 24 months

  (1.1) Leaves taken by an employee under paragraphs (1)(a) to (d) can total no more than an aggregate of 24 months in any 60-month period.

• Marginal note:Exception

  (1.2) Subsection (1.1) does not apply to a leave of absence taken as a result of a national emergency, within the meaning of the Emergencies Act.

• Marginal note:Designation and delegation

  (2) The Minister of National Defence may designate an operation for the purposes of paragraph (1)(a) or 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 Head, 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.

Marginal note:Notice to employer

• 247.6 (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.

Marginal note:Request for proof

• 247.7 (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.

Marginal note:Return to work postponed

• 247.8 (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.

247.9 [Repealed, 2017, c. 33, s. 211]

Marginal note:Continuous employment — benefits

• 247.91 (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.

Marginal note:Application of section 189

247.92 Section 189 applies for the purposes of this Division.

Marginal note:Resumption of employment in same position

• 247.93 (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.

Marginal note:Not able to perform work

247.94 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.

Marginal note:Wages or benefits affected by reorganization

• 247.95 (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.