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

Full Document:  

Act current to 2020-06-28 and last amended on 2020-03-25. Previous Versions

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

DIVISION XIV.1Complaints Relating to Reprisals (continued)

Marginal note:Suspension of complaint

  •  (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.

  • 2017, c. 20, s. 356
  • 2018, c. 27, s. 506

Marginal note:Rejection of complaint

  •  (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.

  • 2017, c. 20, s. 356
  • 2018, c. 27, s. 506

Marginal note:Board orders

 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.

  • 2017, c. 20, s. 356

Marginal note:Decisions final

  •  (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.

  • 2017, c. 20, s. 356

Marginal note:Enforcement of orders

  •  (1) Any person affected by an order of the Board under section 246.4, or the Minister 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.

  • 2017, c. 20, s. 356

 [Repealed, 2017, c. 20, s. 356]

DIVISION XVPayment of Wages

Marginal note:Payment of wages

 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.

  • 1977-78, c. 27, s. 21

DIVISION XV.1Sexual Harassment

Definition of sexual harassment

 In this Division, sexual harassment means any conduct, comment, gesture or contact of a sexual nature

  • (a) that is likely to cause offence or humiliation to any employee; or

  • (b) that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.

  • R.S., 1985, c. 9 (1st Supp.), s. 17

Marginal note:Right of employee

 Every employee is entitled to employment free of sexual harassment.

  • R.S., 1985, c. 9 (1st Supp.), s. 17

Marginal note:Responsibility of employer

 Every employer shall make every reasonable effort to ensure that no employee is subjected to sexual harassment.

  • R.S., 1985, c. 9 (1st Supp.), s. 17

Marginal note:Policy statement by employer

  •  (1) Every employer shall, after consulting with the employees or their representatives, if any, issue a policy statement concerning sexual harassment.

  • Marginal note:Contents of policy statement

    (2) The policy statement required by subsection (1) may contain any term consistent with the tenor of this Division the employer considers appropriate but must contain the following:

    • (a) a definition of sexual harassment that is substantially the same as the definition in section 247.1;

    • (b) a statement to the effect that every employee is entitled to employment free of sexual harassment;

    • (c) a statement to the effect that the employer will make every reasonable effort to ensure that no employee is subjected to sexual harassment;

    • (d) a statement to the effect that the employer will take such disciplinary measures as the employer deems appropriate against any person under the employer’s direction who subjects any employee to sexual harassment;

    • (e) a statement explaining how complaints of sexual harassment may be brought to the attention of the employer;

    • (f) a statement to the effect that the employer will not disclose the name of a complainant or the circumstances related to the complaint to any person except where disclosure is necessary for the purposes of investigating the complaint or taking disciplinary measures in relation thereto; and

    • (g) a statement informing employees of the discriminatory practices provisions of the Canadian Human Rights Act that pertain to rights of persons to seek redress under that Act in respect of sexual harassment.

  • Marginal note:Publicity

    (3) Every employer shall make each person under the employer’s direction aware of the policy statement required by subsection (1).

  • R.S., 1985, c. 9 (1st Supp.), s. 17
 
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