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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 XVIAdministration and General (continued)

Application of Provincial Laws

Marginal note:Provincial Crown corporations

 The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

  • 1996, c. 12, s. 4
  • 1997, c. 9, s. 125

Marginal note:Exclusion from application

  •  (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any of the provisions of this Part any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

  • Marginal note:Regulations

    (2) On the recommendation of the Minister, the Governor in Council may make regulations relating to labour standards in relation to employment that is subject to a regulation made pursuant to subsection (1).

  • 1996, c. 12, s. 4
  • 1997, c. 9, s. 125

Marginal note:Application of certain provisions

 Subsections 121.2(3) to (8) apply, with such modifications as the circumstances require, in respect of a regulation made pursuant to subsection 266(2) except that the references to “subsection (2)” in subsections 121.2(3) to (6) shall be read as references to subsection 266(2).

  • 1996, c. 12, s. 4

PART IVAdministrative Monetary Penalties

Interpretation and Application

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    department

    department means a department in, or other portion of, the federal public administration to which Part II applies, as provided under subsection 123(2). (ministère)

    employer

    employer has,

    • (a) in respect of a violation related to Part II, the same meaning as in subsection 122(1); and

    • (b) in respect of a violation related to Part III, the same meaning as in section 166. (employeur)

    penalty

    penalty means an administrative monetary penalty imposed under this Part for a violation. (pénalité)

  • Marginal note:Application — department

    (2) This Part applies to a department and to persons employed in a department only in respect of a violation that is related to Part II.

Purpose

Marginal note:Purpose of Part

 The purpose of this Part is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient penalty system to promote compliance with Parts II and III of this Act.

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) designating as a violation that may be proceeded with in accordance with this Part

      • (i) the contravention of any specified provision of Part II or III or of any regulations made under those Parts,

      • (ii) the contravention of any direction, or of any direction of any specified class of directions, issued under any provision of Part II or of any regulations made under that Part,

      • (iii) the contravention of any order, or of any order of any specified class of orders, made or issued under any provision of Part II or III or of any regulations made under those Parts, or

      • (iv) the failure to comply with any condition, or with any condition of any specified class of conditions, of a permit issued under section 176;

    • (b) respecting the determination of, or the method of determining, the amount payable as the penalty for each violation, penalties which may be different for individuals and for other persons and departments;

    • (c) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be reduced;

    • (d) respecting the determination of a lesser amount than the penalty imposed that may be paid in complete satisfaction of the penalty if paid within the time and manner prescribed by regulation;

    • (e) respecting the service of documents required or authorized under this Part, including the manner and proof of service and the circumstances under which documents are deemed to be served;

    • (f) prescribing the method of calculating and determining the regular rate of wages for the purpose of section 288;

    • (g) prescribing anything that by this Part is to be prescribed; and

    • (h) generally, for carrying out the purposes and provisions of this Part.

  • Marginal note:Restriction — amount of penalty

    (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation may not exceed $250,000.

Head’s Powers

Marginal note:Powers regarding notices of violation

 The Head may

  • (a) establish the form of notices of violation;

  • (b) designate persons, or classes of persons, who are authorized to issue notices of violation; and

  • (c) establish a short-form description for each violation to be used in notices of violation.

Marginal note:Delegation

 Subject to any terms and conditions specified by the Minister, the Head may delegate to any qualified person or class of persons any of the powers the Head is authorized to exercise or any of the duties or functions the Head is authorized to perform for the purposes of this Part. The Head may make the delegation subject to any terms and conditions that the Head considers appropriate.

Commission of Violations

Marginal note:Violations

 Every person or department that contravenes or fails to comply with a provision, direction, order or condition designated by regulations made under paragraph 270(1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations.

Marginal note:Liability of parties to violation

 If a corporation or a department commits a violation, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the corporation or department has been proceeded against in accordance with this Part:

  • (a) any officer, director, agent or mandatary of the corporation;

  • (b) any senior official in the department; or

  • (c) any other person exercising managerial or supervisory functions in the corporation or department.

Marginal note:Proof of violation — employees

 In any proceedings under this Part against a person or a department in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person or of the department, whether or not the employee or agent or mandatary has been identified or proceeded against in accordance with this Part.

 
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