Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Full Document:  

Act current to 2021-11-17 and last amended on 2021-09-29. Previous Versions

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

DIVISION IIMinimum Wages (continued)

Marginal note:Employees under 17 years of age

 An employer may employ a person under the age of seventeen years only

  • (a) in an occupation specified by the regulations; and

  • (b) subject to the conditions fixed by the regulations for employment in that occupation.

  • R.S., 1985, c. L-2, s. 179
  • 1996, c. 32, s. 2

 [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 6]

Marginal note:Regulations applicable to Division

 The Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations

  • (a) requiring employers to pay employees who report for work at the call of the employer wages for such minimum number of hours as may be prescribed, whether or not the employee is called on to perform any work after so reporting for work;

  • (b) fixing the maximum price to be charged for board, whether full or partial, furnished by or on behalf of an employer to an employee, or the maximum deduction to be made therefor from the wages of the employee by the employer;

  • (c) fixing the maximum price to be charged for living quarters, either permanent or temporary, furnished by or on behalf of an employer to an employee, whether or not those quarters are self-contained and whether or not the employer retains general possession and custody thereof, or the maximum deduction to be made therefor from the wages of the employee by the employer;

  • (d) governing the charges or deductions for furnishing uniforms or other articles of wearing apparel that an employer may require an employee to wear or requiring an employer in any specified circumstances to provide, maintain or launder uniforms or other articles of wearing apparel that the employer may require an employee to wear;

  • (e) governing the charges or deductions for furnishing any tools or equipment that an employer may require an employee to use and for the maintenance and repair of any such tools or equipment;

  • (f) specifying, for the purposes of section 179, the occupations in which persons under the age of seventeen years may be employed in an industrial establishment and fixing the conditions of that employment; and

  • (g) exempting, on such terms and conditions and for such periods as are considered advisable, any employer from the application of section 178 in respect of any class of employees who are being trained on the job, if the training facilities provided and used by the employer are adequate to provide a training program that will increase the skill or proficiency of an employee.

  • R.S., 1985, c. L-2, s. 181
  • 1996, c. 32, s. 3

DIVISION II.1Breaks for Medical Reasons or Nursing

Marginal note:Medical break

  •  (1) Subject to the regulations, every employee is entitled to and shall be granted any unpaid breaks that are necessary for medical reasons.

  • Marginal note:Certificate

    (2) On written request by the employer, the employee must provide a certificate issued by a health care practitioner setting out the length and frequency of the breaks needed for medical reasons and any additional information that may be prescribed by regulation.

Marginal note:Nursing break

 Subject to the regulations, every employee who is nursing is entitled to and shall be granted any unpaid breaks necessary for them to nurse or to express breast milk.

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) modifying the provisions of sections 181.1 or 181.2 for the purpose of the application of this Division to any class of employees;

  • (b) exempting any class of employees from the application of section 181.1 or 181.2;

  • (c) respecting the breaks set out in subsection 181.1(1) and section 181.2, including circumstances in which those breaks cannot be taken; and

  • (d) respecting additional information to be included in a certificate required under subsection 181.1(2).

DIVISION IIIEqual Wages

Marginal note:Application of sections

  •  (1) For the purposes of ascertaining whether a discriminatory practice under section 11 of the Canadian Human Rights Act is being or has been engaged in, sections 249, 250, 252, 253, 254, 255 and 264 apply, with such modifications as the circumstances require, as if this Part expressly required an employer to refrain from that discriminatory practice.

  • Marginal note:Report to Commission

    (2) If the Head has reasonable grounds at any time for believing that an employer is engaging or has engaged in a discriminatory practice described in subsection (1), the Head may notify the Canadian Human Rights Commission or file a complaint with that Commission under section 40 of the Canadian Human Rights Act.

DIVISION IVAnnual Vacations

Marginal note:Definitions

 In this Division,

vacation pay

vacation pay means the amount an employee is entitled to under section 184.01; (indemnité de congé annuel)

year of employment

year of employment means continuous employment of an employee by one employer

  • (a) for a period of twelve consecutive months beginning with the date the employment began or any subsequent anniversary date thereafter, or

  • (b) for a calendar year or other year determined by the employer, in accordance with the regulations, in relation to an industrial establishment. (année de service)

Marginal note:Annual vacation with pay

 Except as otherwise provided by or under this Division, in respect of every year of employment by an employer, every employee is entitled to and shall be granted a vacation with vacation pay of

  • (a) at least two weeks if they have completed at least one year of employment;

  • (b) at least three weeks if they have completed at least five consecutive years of employment with the same employer; and

  • (c) at least four weeks if they have completed at least 10 consecutive years of employment with the same employer.

Marginal note:Calculation of vacation pay

 An employee is entitled to vacation pay equal to:

  • (a) 4% of their wages during the year of employment in respect of which they are entitled to the vacation;

  • (b) 6% of their wages during the year of employment in respect of which they are entitled to the vacation, if they have completed at least five consecutive years of employment with the same employer; and

  • (c) 8% of their wages during the year of employment in respect of which they are entitled to the vacation, if they have completed at least 10 consecutive years of employment with the same employer.

Marginal note:Entitlement to vacation in one or more periods

 A vacation granted to an employee under this Division is to be taken only in one period or, if the employee makes a request in writing and the employer approves it in writing, in more than one period.

Marginal note:Granting vacation with pay

 The employer of an employee who under this Division has become entitled to a vacation with vacation pay

  • (a) shall grant to the employee the vacation to which the employee is entitled, which shall begin not later than ten months immediately following the completion of the year of employment for which the employee became entitled to the vacation; and

  • (b) shall, at any time that is prescribed by the regulations, pay to the employee

    • (i) if the vacation is taken in one period, the vacation pay to which the employee is entitled in respect of that vacation, or

    • (ii) if the vacation is taken in more than one period, for each period, the proportion of the vacation pay that the vacation taken is of the annual vacation to which the employee is entitled.

Marginal note:Vacation pay

 Vacation pay shall for all purposes be deemed to be wages.

  • R.S., c. L-1, s. 42

Marginal note:General holiday during vacation

 Where one or more general holidays occur during a vacation granted to an employee pursuant to this Division, the vacation to which the employee is entitled under this Division may be extended by one day for each such holiday, and the employer shall pay to the employee in addition to the vacation pay the wages to which the employee is entitled for those general holidays.

  • R.S., c. L-1, s. 43
  • 1977-78, c. 27, s. 12

Marginal note:Interruption

  •  (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1).

  • Marginal note:Application of section 209.1

    (2) If an employee interrupts a vacation to take leave under any of sections 205.1, 206, 206.1 and 206.3 to 206.9 and resumes the vacation immediately at the end of that leave, section 209.1 applies to them as if they did not resume the vacation before returning to work.

  • Marginal note:Application of subsection 239(7)

    (3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) or (1.1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work.

  • Marginal note:Application of subsection 239.01(13)

    (3.1) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.01(1) and resumes the vacation immediately at the end of that leave, subsection 239.01(13) applies to them as if they did not resume the vacation before returning to work.

  • Marginal note:Application of subsections 239.1(3) and (4)

    (4) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.1(1) and resumes the vacation immediately at the end of that leave, subsections 239.1(3) and (4) apply to them as if they did not resume the vacation before returning to work.

  • Marginal note:Application of sections 247.93 to 247.95

    (5) If an employee interrupts a vacation to take leave under section 247.5 and resumes the vacation immediately at the end of that leave, sections 247.93 to 247.95 apply to that employee as if they did not resume the vacation before returning to work.

  • Marginal note:Notice to employer — interruption of vacation

    (6) An employee who intends to interrupt their vacation shall provide the employer with written notice of the interruption before or as soon as possible after the interruption begins.

  • Marginal note:Notice to employer — resumption of vacation

    (7) An employee who interrupts their vacation and who intends to resume it immediately after the interruption ends shall provide the employer with written notice of the day on which they resume their vacation before or as soon as possible after that day.

Marginal note:Postponement

  •  (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1), ends.

  • Marginal note:Notice to employer

    (2) An employee who intends to postpone their vacation shall, as soon as possible, provide the employer with prior written notice of the postponement.

Marginal note:Termination of employment during year

 When an employee ceases to be employed, the employer shall pay to the employee within 30 days after the day on which the employee ceases to be employed

  • (a) any vacation pay then owing by the employer to the employee under this Division in respect of any prior completed year of employment; and

  • (b) the applicable percentage, under section 184.01, of the wages of the employee during any part of the completed portion of their year of employment in respect of which vacation pay has not been paid to them.

Marginal note:Transfer

  •  (1) Despite the lease or transfer of a work, undertaking or business, or any part of a work, undertaking or business, from one employer to another employer by sale, merger or otherwise, the employment of the employee, before and after the lease or transfer, who is employed in or in connection with the operation of that work, undertaking or business, is, for the purposes of this Division, deemed to be continuous with one employer if the work, undertaking or business

    • (a) is a federal work, undertaking or business; or

    • (b) becomes a federal work, undertaking or business due to the lease or transfer.

  • Marginal note:Retendering

    (1.1) If, due to a contract being awarded through a retendering process, a second employer becomes responsible for carrying out any particular federal work, undertaking or business, or part of one, that was previously carried out by a first employer, an employee who is employed in or in connection with the its operation before and after the retendering, is, for the purposes of this Division, deemed to be continuously employed with one employer.

  • Marginal note:Non-application

    (1.2) Subsections (1) and (1.1) do not apply if the employee’s first day of employment by the second employer is more than 13 weeks after the day that is the earlier of

    • (a) the employee’s last day of employment by the first employer; and

    • (b) the day on which the federal work, undertaking or business is transferred or the first day the second employer carries out the federal work, undertaking or business, as the case may be.

  • Marginal note:Period of continuous employment

    (1.3) For greater certainty, if an employer’s work, undertaking or business becomes a federal work, undertaking or business due to a change in its activities, for the purposes of this Division, an employee’s period of continuous employment by the employer includes any period in which the work, undertaking or business in or in connection with the operation of which the employee is employed was not a federal work, undertaking or business.

  • Marginal note:Calculation of period of employment

    (1.4) If subsection (1) or (1.1) applies in respect of an employee, any period between their employment by the first employer and their employment by the second employer is not included in the calculation of their period of continuous employment.

  • Marginal note:Exception

    (1.5) For the purposes of an employee’s employment by the second employer, this section does not apply in respect of the calculation of the employee’s entitlement under section 230 if the first employer complied with that section in respect of their employment by that employer.

  • Marginal note:Exception — severance pay

    (1.6) For the purposes of an employee’s employment by the second employer, this section does not apply in respect of the calculation of their entitlement to severance pay under section 235 if the first employer paid them severance pay in respect of their employment by that employer.

  • Marginal note:Inclusion

    (2) For the purposes of subsection (1), a federal work, undertaking or business includes

    • (a) any portion of the federal public administration specified from time to time in Schedule I, IV or V to the Financial Administration Act that is deleted from one of those Schedules and that is established as or becomes a part of a corporation or any federal work, undertaking or business to which this Part applies; or

    • (b) a portion of the federal public administration included in a portion of the federal public administration so specified in one of those Schedules that is severed from the portion in which it was included and that is established as or becomes a part of such a corporation or federal work, undertaking or business.

  • R.S., 1985, c. L-2, s. 189
  • R.S., 1985, c. 9 (1st Supp.), s. 7
  • 1996, c. 18, s. 10
  • 2003, c. 22, s. 112
  • 2018, c. 27, s. 457
 
Date modified: