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

Full Document:  

Act current to 2021-09-11 and last amended on 2021-08-03. 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 [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 6]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.

 
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