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

Marginal note:Leave — five days

• 206.8 (1) Every employee who is an Aboriginal person and who has completed three consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year, in order to enable the employee to engage in traditional Aboriginal practices, including

  • (a) hunting;

  • (b) fishing;

  • (c) harvesting; and

  • (d) any practice prescribed by regulation.

• Marginal note:Division of leave

  (2) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be not less than one day’s duration.

• Marginal note:Documentation

  (3) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation that shows the employee as an Aboriginal person. The employee shall provide that documentation only if it is reasonably practicable for him or her to obtain and provide it.

• Marginal note:Definition of Aboriginal

  (4) For the purposes of this section, Aboriginal means Indian, Inuit or Métis.