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

Marginal note:Notice — work schedule

• 173.01 (1) The employer shall provide an employee with their work schedule in writing at least 96 hours before the start of the employee’s first work period or shift under that schedule.

• Marginal note:Right to refuse

  (2) Subject to subsection (3), an employee may refuse to work any work period or shift in their schedule that starts within 96 hours from the time that the schedule is provided to them.

• Marginal note:Exception

  (3) An employee shall not refuse to work a work period or shift if it is necessary for them to work in order to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious

  • (a) threat to the life, health or safety of any person;

  • (b) threat of damage to or loss of property; or

  • (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.

• Marginal note:Exception — subsection 177.1(1)

  (4) Subsection (1) does not apply to a change to an employee’s work schedule following a request made under subsection 177.1(1).

• Marginal note:Prohibition

  (5) An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has refused to work a work period or shift under subsection (2) or take such a refusal into account in any decision to promote or train the employee.

• Marginal note:Non-application of subsection 196(4)

  (6) Subsection 196(4) does not apply in respect of a work period or shift that an employee refuses to work under subsection (2).

• Marginal note:Non-application — collective agreement

  (7) This section does not apply to employees who are employed under the terms of a collective agreement that specifies an alternate time frame for providing the work schedule or provides that this section does not apply to those employees.