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

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Act current to 2019-06-06 and last amended on 2019-04-01. Previous Versions

PART IIOccupational Health and Safety (continued)

Regulations (continued)

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 [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 4]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

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

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

employer

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

general holiday

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

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

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

order

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

overtime

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

qualified medical practitioner

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

regional director

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

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

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

wages

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

week

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

Application

Marginal note:Application of Part

  •  (1) This Part applies

    • (a) to employment in or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut;

    • (b) to and in respect of employees who are employed in or in connection with any federal work, undertaking or business described in paragraph (a);

    • (c) to and in respect of any employers of the employees described in paragraph (b);

    • (d) to and in respect of any corporation established to perform any function or duty on behalf of the Government of Canada other than a department as defined in the Financial Administration Act; and

    • (e) to or in respect of any Canadian carrier, as defined in section 2 of the Telecommunications Act, that is an agent of Her Majesty in right of a province.

  • Marginal note:Non-application of Division I to certain employees

    (2) Division I does not apply to or in respect of employees who

    • (a) are managers or superintendents or exercise management functions; or

    • (b) are members of such professions as may be designated by regulation as professions to which Division I does not apply.

  • Marginal note:Non-application of Division XIV to managers

    (3) Division XIV does not apply to or in respect of employees who are managers.

  • R.S., 1985, c. L-2, s. 167
  • R.S., 1985, c. 9 (1st Supp.), s. 5
  • 1993, c. 28, s. 78, c. 38, s. 90
  • 2002, c. 7, s. 98(E)

Marginal note:Saving more favourable benefits

  •  (1) This Part and all regulations made under this Part apply notwithstanding any other law or any custom, contract or arrangement, but nothing in this Part shall be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable to the employee than his rights or benefits under this Part.

  • Marginal note:Where collective agreement applies exclusively

    (1.1) Divisions II, IV, V and VIII do not apply to an employer and employees who are parties to a collective agreement that confers on employees rights and benefits at least as favourable as those conferred by those respective Divisions in respect of length of leave, rates of pay and qualifying periods for benefits, and, in respect of employees to whom the third party settlement provisions of such a collective agreement apply, the settlement of disagreements relating to those matters is governed exclusively by the collective agreement.

  • Marginal note:Sunday

    (2) Nothing in this Part authorizes the doing of any work on Sunday that is prohibited by law.

  • R.S., 1985, c. L-2, s. 168
  • 1993, c. 42, s. 13

DIVISION IHours of Work

Marginal note:Standard hours of work

  •  (1) Except as otherwise provided by or under this Division

    • (a) the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week; and

    • (b) no employer shall cause or permit an employee to work longer hours than eight hours in any day or forty hours in any week.

  • Marginal note:Averaging

    (2) Where the nature of the work in an industrial establishment necessitates irregular distribution of the hours of work of an employee, the hours of work in a day and the hours of work in a week may be calculated, in such manner and in such circumstances as may be prescribed by the regulations, as an average for a period of two or more weeks.

  • Marginal note:Duration of averaging

    (2.1) The averaged hours of work calculated pursuant to subsection (2) remain in effect

    • (a) where the averaging of hours of work is agreed to in writing by an employer and a trade union, for the duration of that agreement or for such shorter period as is agreed to by the parties; or

    • (b) where the averaging of hours of work is not agreed to in writing by an employer and a trade union, for no longer than three years.

  • Marginal note:General holidays in week

    (3) In a week in which one or more general holidays occur that under Division V entitle an employee to holidays with pay in that week, the hours of work of the employee in that week shall be reduced by the standard hours of work for each general holiday in that week and, for the purposes of this subsection, in calculating the time worked by an employee in any such week, no account shall be taken of any time worked by the employee on the holidays or of any time during which the employee was at the disposal of his employer during the holidays.

  • R.S., 1985, c. L-2, s. 169
  • 1993, c. 42, s. 14
 
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