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

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Act current to 2019-09-10 and last amended on 2019-09-01. Previous Versions

RELATED PROVISIONS

  • — 2010, c. 12, s. 2178

    • Deemed appointment

      2178 Any appeals officer, as defined in subsection 122(1) of the Canada Labour Code, who is seized of an appeal under that Act immediately before the day on which section 2174 comes into force is deemed, on that day, to have been appointed as an appeals officer under subsection 145.1(1) of that Act, as enacted by section 2174, solely for the purpose of performing their duties under section 146.1 of that Act in respect of the appeal.

  • — 2012, c. 19, s. 438

    • Existing claims

      438 If, before the coming into force of section 239.2 of the Canada Labour Code, as enacted by section 434, an employer provides benefits to its employees under a long-term disability plan that is not insured with an entity that is licensed to provide insurance under the laws of a province and either benefits are being paid to one of those employees under that plan or an application for the payment of benefits under that plan has been submitted by one of those employees, that employer, on the coming into force of that section 239.2, is not required to insure that plan in accordance with that section 239.2 and may continue to provide benefits under that plan but only to the employee who is being paid benefits or to the employee who submitted an application for the payment of benefits.

  • — 2012, c. 19, s. 439

    • Limitation — second or subsequent offences

      439 Despite subsection 256(1.2) of the Canada Labour Code, as enacted by section 436, in determining whether a person has committed a second or subsequent offence for the purposes of subsection 256(1.1) of that Act as enacted by that section, an earlier offence may be taken into account only if the person is convicted of the earlier offence on or after the day on which that section comes into force.

  • — 2012, c. 19, s. 564

    • Definitions

      564 The following definitions apply in sections 565 to 570.

      Board

      Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code. (Conseil)

      Tribunal

      Tribunal means the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act, as that Act read immediately before the coming into force of this section. (Tribunal)

  • — 2012, c. 27, s. 31

    • Death or disappearance

      31 Section 206.5 of the Canada Labour Code, as enacted by section 6, applies only with respect to a death or disappearance that occurs after the day on which section 6 comes into force.

  • — 2012, c. 31, s. 230

    • Complaints, notices and payment orders

      230 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies

      • (a) to complaints that allege that an employer contravened any provision of Part III of that Act, any provision of regulations made under that Part or any order within the meaning of that Part and that were received by the Minister of Labour before that day;

      • (b) to notices of unfounded complaint issued under subsection 251.1(2) of that Act that relate to complaints referred to in paragraph (a); and

      • (c) to payment orders issued under subsection 251.1(1) of that Act

        • (i) before that day, and

        • (ii) on or after that day, if the inspector made the finding that resulted in the payment order during the course of an inspection under Part III of that Act that began before that day or as a result of dealing with a complaint referred to in paragraph (a).

  • — 2012, c. 31, s. 231

    • Payment orders and notices

      231 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies to any payment orders and notices of unfounded complaint issued before that day under section 251.1 of that Act.

  • — 2013, c. 40, s. 199

    • Pending proceedings
      • 199 (1) The Canada Labour Code, as it read immediately before the coming into force of this section, applies to

        • (a) any proceedings — commenced before that coming into force — with respect to which a health and safety officer or a regional health and safety officer may exercise powers or perform duties or functions under Part II of that Act, as it read immediately before that coming into force; and

        • (b) any procedure — commenced before that coming into force — relating to a refusal to work commenced under sections 128 to 129 of that Act, as it read immediately before that coming into force.

      • Appeal

        (2) With respect to directions issued by a health and safety officer under Part II of the Canada Labour Code, an employer, employee or trade union that feels aggrieved by a direction may appeal the direction in writing to an appeals officer within 30 days after the date of the direction being issued or confirmed in writing. The appeal is deemed to have been brought under subsection 146(1) of that Act.

      • Health and safety officers

        (3) For the purposes of subsection (1), health and safety officers or regional health and safety officers designated under subsection 140(1) of the Canada Labour Code, as it read immediately before the coming into force of this section, continue to act, respectively, as health and safety officers or regional health and safety officers.

  • — 2014, c. 20, s. 143

    • Paragraphs 125.1(c) to (e) of Canada Labour Code

      143 Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day on which section 140 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.

  • — 2014, c. 20, s. 144

    • Products in work place

      144 Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day fixed by order of the Governor in Council for the purposes of section 143 but before a day to be fixed by order of the Governor in Council for the purposes of this section, in respect of hazardous products that are in the work place on the day fixed by order of the Governor in Council for the purposes of section 143, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.

  • — 2014, c. 20, s. 145

    • Same meaning
      • 145 (1) Unless a contrary intention appears, words and expressions used in sections 143 and 144 have the same meanings as in section 122 of the Canada Labour Code.

      • References

        (2) For the purposes of sections 143 and 144,

        • (a) controlled product, hazard symbol, Ingredient Disclosure List, label and material safety data sheet in paragraphs 125.1(c) to (e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, have the same meanings as in the Hazardous Products Act, as that Act read immediately before the day on which section 114 comes into force;

        • (b) any references to the Ingredient Disclosure List in paragraph 125.1(e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, are considered to be references to the Ingredient Disclosure List as it read immediately before the day on which section 114 comes into force; and

        • (c) any references to regulations, or to anything prescribed by regulation, in paragraphs 125.1(c) to (e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, are considered to be references to those regulations as they read immediately before that day.

  • — 2017, c. 12, s. 14

    • Canada Labour Code — existing applications

      14 If the Canada Industrial Relations Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 1 comes into force, received an application for certification referred to in paragraph 28(2)(a) of the Canada Labour Code or an application for an order made under subsection 38(1) or (3) of that Act, and the application has not been finally disposed of before that coming into force, that application is to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.

  • — 2017, c. 20, s. 382, as amended by 2018, c. 22, s. 24

    • Appeals — subsection 129(7) or 146(1)

      382 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under subsection 129(7) or 146(1) of that Act.

  • — 2017, c. 20, s. 383

    • Complaints — subsection 240(1)

      383 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any complaint made before that day under subsection 240(1) of that Act.

  • — 2017, c. 20, s. 384

    • Complaints relating to reprisal

      384 Division XIV.1 of Part III of the Canada Labour Code does not apply with respect to reprisals carried out before the day on which this section comes into force.

  • — 2017, c. 20, s. 385

    • Evidence

      385 Subsection 251(1.2) of the Canada Labour Code does not apply with respect to an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.

  • — 2017, c. 20, s. 387

    • Review and appeal

      387 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any request for appeal made before that day under subsection 251.11(1) of that Act and any request for review that the Minister of Labour has decided, before that day, to treat as an appeal under subsection 251.101(7) of that Act.

  • — 2017, c. 20, s. 388

    • Order to debtor of director of corporation

      388 Subsection 251.13(1.1) of the Canada Labour Code does not apply with respect to a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.

  • — 2017, c. 20, s. 389

    • Administrative fee

      389 Section 251.131 of the Canada Labour Code does not apply with respect to

      • (a) a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act; or

      • (b) a decision made under section 251.101 or 251.12 of that Act relating to the payment order.

  • — 2017, c. 20, s. 392

    • Persons who occupy a position
      • 392 (1) All of the persons who occupy a position within the Department of Employment and Social Development and carry out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of appeals officers under Part II of the Canada Labour Code or those of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act immediately before the day on which this section comes into force occupy their position within the Administrative Tribunals Support Service of Canada beginning on a day to be fixed by order of the Governor in Council.

      • No change in status

        (2) Nothing in subsection (1) is to be construed as affecting the status of such a person, except that the person, beginning on the day fixed by the order referred to in subsection (1), occupies their position within the Administrative Tribunals Support Service of Canada.

      • Transfer of money

        (3) Any money that is appropriated by an Act of Parliament, for the fiscal year that includes the day fixed by the order referred to in subsection (1), to defray any charges and expenses of the Department of Employment and Social Development related to an appeal under Part II or III of the Canada Labour Code or to the powers, duties and functions of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act and that is unexpended on that day is deemed, on that day, to be an amount appropriated to defray the charges and expenses of the Administrative Tribunals Support Service of Canada.

  • — 2017, c. 33, s. 214

    • Subsection 175(2) of Canada Labour Code

      214 Subsection 175(2) of the Canada Labour Code continues to apply in respect of the making of any regulations under paragraph 175(1)(a) or (b) of that Act for which the Minister of Labour has, before the coming into force of section 198 of this Act, caused an inquiry to be made under section 248 of that Act.

  • — 2018, c. 27, s. 519

    • Subsection 189(1.1) of Canada Labour Code

      519 Subsection 189(1.1) of the Canada Labour Code applies only if the first day on which the second employer referred to in that subsection carries out the federal work, undertaking or business is on or after the day on which section 457 of this Act comes into force.

  • — 2018, c. 27, s. 524

    • Section 239 of Canada Labour Code

      524 If section 487 of this Act comes into force during an employee’s absence under Division XIII of the Canada Labour Code, section 239 of the Canada Labour Code, as it read immediately before the coming into force of that section 487, applies in respect of that absence.

  • — 2018, c. 27, s. 525

    • Subsection 247.5(1.1) of Canada Labour Code

      525 Subsection 247.5(1.1) of the Canada Labour Code applies only in respect of leaves that begin on or after the day on which section 494 of this Act comes into force.

  • — 2018, c. 27, s. 526

    • Complaints — subsection 247.99(1) of Canada Labour Code

      526 The Canada Labour Code, as it read immediately before the day on which section 496 of this Act comes into force, applies with respect to any complaint made before that day under subsection 247.99(1) of the Canada Labour Code.

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