Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Full Document:  

Act current to 2019-07-01 and last amended on 2019-04-01. Previous Versions

PART IIIStandard Hours, Wages, Vacations and Holidays (continued)

DIVISION IHours of Work (continued)

Marginal note:Excess hours under ministerial permit

  •  (1) On the application of an employer or an employer’s organization, the Minister, having regard to the conditions of employment in any industrial establishment and the welfare of the employees, may, by a permit in writing, authorize hours to be worked by any class of employees therein in excess of the maximum hours of work specified in or prescribed under section 171, established pursuant to section 172 or prescribed by regulations made under section 175.

  • Marginal note:Justifying permit

    (2) No permit may be issued under subsection (1) unless the applicant has satisfied the Minister

    • (a) that there are exceptional circumstances to justify the working of additional hours;

    • (b) that the employer had posted a notice of the application for a permit under subsection (1), for at least thirty days before its proposed effective date, in places readily accessible to the affected class of employees where they were likely to see it; and

    • (c) if those employees are represented by a trade union, that the employer had informed the trade union in writing of the application for the permit.

  • Marginal note:Duration of permit

    (3) A permit under subsection (1) shall be issued for the period specified therein, which shall not be longer than the period during which it is anticipated that the exceptional circumstances that justified the permit will continue.

  • Marginal note:Additional hours may be specified

    (4) A permit under subsection (1) may specify either

    • (a) the total of the number of additional hours in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175, or

    • (b) the additional hours that may be worked in any day and in any week during the period of the permit.

  • Marginal note:Report to Minister

    (5) Where a permit has been issued under this section, the employer for whom or on whose behalf the permit was issued shall report in writing to the Minister, within fifteen days after the expiration of the period specified in the permit or within such time as the Minister may fix in the permit, stating the number of employees who worked in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175 and the number of additional hours each of them worked.

  • R.S., 1985, c. L-2, s. 176
  • 1993, c. 42, s. 17

Marginal note:Emergency work

  •  (1) The maximum hours of work in a week specified in or prescribed under section 171, established pursuant to section 172 or prescribed by regulations made under section 175 may be exceeded, but only to the extent necessary to prevent serious interference with the ordinary working of the industrial establishment affected, in cases of

    • (a) accident to machinery, equipment, plant or persons;

    • (b) urgent and essential work to be done to machinery, equipment or plant; or

    • (c) other unforeseen or unpreventable circumstances.

  • Marginal note:Reporting additional work

    (2) Where the maximum hours of work in an industrial establishment have been exceeded under the authority of subsection (1), the employer shall report in writing to the regional director, and also to the trade union if the affected employees are subject to a collective agreement, within fifteen days after the end of the month in which the maximum was exceeded, stating the nature of the circumstances in which the maximum was exceeded, the number of employees who worked in excess of the maximum and the number of additional hours each of them worked.

  • R.S., 1985, c. L-2, s. 177
  • 1993, c. 42, s. 18

DIVISION IIMinimum Wages

Marginal note:Minimum wage

  •  (1) Except as otherwise provided by or under this Division, an employer shall pay to each employee a wage at a rate

    • (a) not less than the minimum hourly rate fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience; or

    • (b) where the wages of the employee are paid on any basis of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee.

  • Marginal note:Where wage rate based on age

    (2) For the purposes of paragraph (1)(a), where minimum hourly rates for a province are fixed on the basis of age, the minimum hourly rate for that province is the highest of those rates.

  • Marginal note:Amendment of minimum wage

    (3) For the purposes of paragraph (1)(a), the Governor in Council may, by order,

    • (a) replace the minimum hourly rate that has been fixed with respect to employment in a province with another rate; or

    • (b) fix a minimum hourly rate with respect to employment in a province if no such minimum hourly rate has been fixed.

  • Marginal note:Minimum on other basis than time

    (4) Where the wages of an employee are computed and paid on a basis other than time or on a combined basis of time and some other basis, the Minister may, by order,

    • (a) fix a standard basis of work to which a minimum wage on a basis other than time may be applied; and

    • (b) fix a minimum rate of wage that in the opinion of the Minister is the equivalent of the minimum rate under subsection (1).

  • Marginal note:Minimum rate fixed by order to be paid

    (5) Except as otherwise provided by or under this Division, the employer shall pay to each employee who is paid on a basis other than time or on a combined basis of time and some other basis a wage at a rate not less than the minimum rate fixed by order under subsection (4).

  • R.S., 1985, c. L-2, s. 178
  • 1996, c. 32, s. 1

Marginal note:Employees under 17 years of age

 An employer may employ a person under the age of seventeen years only

  • (a) in an occupation specified by the regulations; and

  • (b) subject to the conditions fixed by the regulations for employment in that occupation.

  • R.S., 1985, c. L-2, s. 179
  • 1996, c. 32, s. 2

 [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 6]

Marginal note:Regulations applicable to Division

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

  • (a) requiring employers to pay employees who report for work at the call of the employer wages for such minimum number of hours as may be prescribed, whether or not the employee is called on to perform any work after so reporting for work;

  • (b) fixing the maximum price to be charged for board, whether full or partial, furnished by or on behalf of an employer to an employee, or the maximum deduction to be made therefor from the wages of the employee by the employer;

  • (c) fixing the maximum price to be charged for living quarters, either permanent or temporary, furnished by or on behalf of an employer to an employee, whether or not those quarters are self-contained and whether or not the employer retains general possession and custody thereof, or the maximum deduction to be made therefor from the wages of the employee by the employer;

  • (d) governing the charges or deductions for furnishing uniforms or other articles of wearing apparel that an employer may require an employee to wear or requiring an employer in any specified circumstances to provide, maintain or launder uniforms or other articles of wearing apparel that the employer may require an employee to wear;

  • (e) governing the charges or deductions for furnishing any tools or equipment that an employer may require an employee to use and for the maintenance and repair of any such tools or equipment;

  • (f) specifying, for the purposes of section 179, the occupations in which persons under the age of seventeen years may be employed in an industrial establishment and fixing the conditions of that employment; and

  • (g) exempting, on such terms and conditions and for such periods as are considered advisable, any employer from the application of section 178 in respect of any class of employees who are being trained on the job, if the training facilities provided and used by the employer are adequate to provide a training program that will increase the skill or proficiency of an employee.

  • R.S., 1985, c. L-2, s. 181
  • 1996, c. 32, s. 3

DIVISION IIIEqual Wages

Marginal note:Application of sections

  •  (1) For the purposes of ascertaining whether a discriminatory practice under section 11 of the Canadian Human Rights Act is being or has been engaged in, sections 249, 250, 252, 253, 254, 255 and 264 apply, with such modifications as the circumstances require, as if this Part expressly required an employer to refrain from that discriminatory practice.

  • Marginal note:Report to Commission

    (2) Where an inspector has reasonable grounds at any time for believing that an employer is engaging or has engaged in a discriminatory practice described in subsection (1), the inspector may notify the Canadian Human Rights Commission or file a complaint with that Commission under section 40 of the Canadian Human Rights Act.

  • R.S., c. 17(2nd Supp), s. 9
  • 1976-77, c. 33, s. 66
 
Date modified: