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

Full Document:  

Act current to 2019-11-19 and last amended on 2019-09-01. Previous Versions

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

DIVISION XIII.2Long-term Disability Plans

Marginal note:Employer’s obligation

  •  (1) Every employer that provides benefits to its employees under a long-term disability plan must insure the plan with an entity that is licensed to provide insurance under the laws of a province.

  • Marginal note:Exception

    (2) However, an employer may provide those benefits under a long-term disability plan that is not insured, in the circumstances and subject to the conditions provided for in the regulations.

  • 2012, c. 19, s. 434

Marginal note:Regulations

 The Governor in Council may make regulations respecting long-term disability plans, including regulations

  • (a) specifying what constitutes a long-term disability plan; and

  • (b) specifying the circumstances and conditions referred to in subsection 239.2(2).

  • 2012, c. 19, s. 434

DIVISION XIVUnjust Dismissal

Marginal note:Complaint to inspector for unjust dismissal

  •  (1) Subject to subsections (2) and 242(3.1), any person

    • (a) who has completed twelve consecutive months of continuous employment by an employer, and

    • (b) who is not a member of a group of employees subject to a collective agreement,

    may make a complaint in writing to an inspector if the employee has been dismissed and considers the dismissal to be unjust.

  • Marginal note:Limitation

    (1.1) A person shall not make a complaint under subsection (1) if they have made a complaint that is based on substantially the same facts under either subsection 246.1(1) or 247.99(1), unless that complaint has been withdrawn.

  • Marginal note:Time for making complaint

    (2) Subject to subsection (3), a complaint under subsection (1) shall be made within ninety days from the date on which the person making the complaint was dismissed.

  • Marginal note:Extension of time

    (3) The Minister may extend the period set out in subsection (2)

    • (a) if the Minister is satisfied that a complaint was made within that period to a government official who had no authority to deal with the complaint and that the person making the complaint believed the official had that authority; or

    • (b) in any circumstances that are prescribed by regulation.

  • R.S., 1985, c. L-2, s. 240
  • R.S., 1985, c. 9 (1st Supp.), s. 15
  • 2018, c. 27, s. 488

Marginal note:Reasons for dismissal

  •  (1) Where an employer dismisses a person described in subsection 240(1), the person who was dismissed or any inspector may make a request in writing to the employer to provide a written statement giving the reasons for the dismissal, and any employer who receives such a request shall provide the person who made the request with such a statement within fifteen days after the request is made.

  • Marginal note:Inspector to assist parties

    (2) On receipt of a complaint made under subsection 240(1), an inspector shall endeavour to assist the parties to the complaint to settle the complaint or cause another inspector to do so.

  • Marginal note:Complaint not settled

    (3) If a complaint is not settled under subsection (2) within the period that the inspector endeavouring to assist the parties under that subsection considers to be reasonable in the circumstances, the inspector shall, on the written request of the person who made the complaint that the complaint be referred to the Board,

    • (a) report to the Minister that the endeavour to assist the parties to settle the complaint has not succeeded; and

    • (b) deliver to the Board the complaint made under subsection 240(1), any written statement giving the reasons for the dismissal provided under subsection (1) and any other statements or documents that the inspector has that relate to the complaint.

  • Marginal note:Notice

    (4) If the person who made the complaint does not reply to a written communication from the inspector within a period that the inspector considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, has elapsed from the day on which the complaint was made, the inspector may give written notice to the person who made the complaint that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to make a written request that the complaint be referred to the Board.

  • Marginal note:Time limit

    (5) Subject to the regulations, if the person who made the complaint does not, within the period set out in the notice, make a written request that the complaint be referred to the Board, the inspector may deem the complaint to be withdrawn.

  • R.S., 1985, c. L-2, s. 241
  • 2017, c. 20, s. 353
  • 2018, c. 27, s. 489

Marginal note:Suspension of complaint

  •  (1) If the Board is satisfied that the complainant must take measures before the Board may continue to deal with the complaint referred to it under subsection 241(3), it may, at any time, suspend consideration of the complaint, in whole or in part.

  • Marginal note:Notice

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

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

    • (b) the period within which they 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.

  • 2018, c. 27, s. 490

Marginal note:Rejection of complaint

  •  (1) The Board may reject a complaint referred to it under subsection 241(3), 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 complainant,

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

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

    • (b) if consideration of the complaint was suspended under subsection 241.1(1) and if, in the Board’s opinion, the measures specified in the notice under subsection 241.1(2) were not taken within the specified period.

  • Marginal note:Notice of rejection of complaint

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

  • 2018, c. 27, s. 490
  •  (1) [Repealed, 2017, c. 20, s. 354]

  • (2) [Repealed, 2017, c. 20, s. 354]

  • Marginal note:Decision of the Board

    (3) Subject to subsection (3.1), the Board, after a complaint has been referred to it, shall

    • (a) consider whether the dismissal of the person who made the complaint was unjust and render a decision thereon; and

    • (b) send a copy of the decision with the reasons therefor to each party to the complaint and to the Minister.

  • Marginal note:Limitation on complaints

    (3.1) No complaint shall be considered by the Board under subsection (3) in respect of a person if

    • (a) that person has been laid off because of lack of work or because of the discontinuance of a function; or

    • (b) a procedure for redress has been provided under Part I or Part II of this Act or under any other Act of Parliament.

  • Marginal note:Unjust dismissal

    (4) If the Board decides under subsection (3) that a person has been unjustly dismissed, the Board may, by order, require the employer who dismissed the person to

    • (a) pay the person compensation not exceeding the amount of money that is equivalent to the remuneration that would, but for the dismissal, have been paid by the employer to the person;

    • (b) reinstate the person in his employ; and

    • (c) do any other like thing that it is equitable to require the employer to do in order to remedy or counteract any consequence of the dismissal.

  • R.S., 1985, c. L-2, s. 242
  • R.S., 1985, c. 9 (1st Supp.), s. 16
  • 1998, c. 26, s. 58
  • 2017, c. 20, s. 354
  • 2018, c. 27, s. 491
 
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