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

Full Document:  

Act current to 2021-03-23 and last amended on 2021-01-01. Previous Versions

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

DIVISION I.1Flexible Work Arrangements

Marginal note:Right to request

  •  (1) An employee who has completed six consecutive months of continuous employment with an employer may request from the employer a change to the following terms and conditions of employment:

    • (a) the number of hours that the employee is required to work;

    • (b) the employee’s work schedule;

    • (c) the employee’s location of work; and

    • (d) any terms and conditions that apply to the employee and that are prescribed by regulation.

  • Marginal note:Contents of request

    (2) The request shall be made in writing and shall include

    • (a) the employee’s name;

    • (b) the date on which the request is made;

    • (c) a description of the change to the terms and conditions of employment that is requested;

    • (d) the date on which the change would take effect and, if the change is intended to be temporary, the date on which the change would cease to have effect;

    • (e) an explanation of the effect that, in the employee’s opinion, the requested change would have on the employer and the manner in which, in the employee’s opinion, the employer could manage that effect; and

    • (f) any information that may be prescribed by regulation.

  • Marginal note:Employer’s decision

    (3) An employer to whom a request is made shall make one of the following decisions:

    • (a) grant the request;

    • (b) offer to grant the request in part or to make an alternative change to the terms and conditions of employment; or

    • (c) refuse the request on one or more of the following grounds:

      • (i) the requested change would result in additional costs that would be a burden on the employer,

      • (ii) the requested change would have a detrimental impact on the quality or quantity of work within the employer’s industrial establishment, on the ability to meet customer demand or on any other aspect of performance within that industrial establishment,

      • (iii) the employer is unable to reorganize work among existing employees or to recruit additional employees in order to manage the requested change,

      • (iv) there would be insufficient work available for the employee if the requested change was granted, and

      • (v) any ground prescribed by regulation.

  • Marginal note:Notice of decision

    (4) The employer shall, as soon as possible and not later than 30 days after receiving the request, give written notice to the employee of their decision. The notice in respect of a decision made under paragraph (3)(b) or (c) shall include written reasons for refusing the requested change or for not granting a part of it.

  • Marginal note:Power to change terms and conditions

    (5) The employer may, for the purpose of granting a request made by an employee under paragraph (3)(a) or for the purpose of giving effect to a written agreement with the employee following an offer made under paragraph (3)(b), change the employee’s terms and conditions of employment. However, when there is any other provision under this Part or any provision of any regulations made under this Part that authorizes the employer to make a change to those terms and conditions, they shall make the change under that provision.

  • Marginal note:Collective agreement

    (6) An employer shall not change, under subsection (5), a term or condition of employment contained in a collective agreement unless the change is agreed to in writing by the employer and the trade union.

  • Marginal note:Prohibition

    (7) An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has made a request under subsection (1) or take such a request into account in any decision to promote or train the employee.

  • Marginal note:Regulations

    (8) The Governor in Council may make regulations limiting the number of requests that an employee may make in any year and specifying the information that shall be included in a notice under subsection (4) or an agreement referred to in subsection (5).

  • Marginal note:For greater certainty

    (9) For greater certainty, nothing in this section limits an employer’s duty to accommodate an employee under any other Act of Parliament.

  • Marginal note:Application of section 189

    (10) Section 189 applies for the purposes of this Division.

  • 2017, c. 33, s. 199
  • 2018, c. 27, s. 512

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
 
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