Flag of Canada
Government of Canada Government of Canada
 
Français Contact Us Help Search Canada Site
About SDC Services Where You Live Policies & Programs A-Z Index Home
   
Services for you

Federal Labour Legislation
   Our Ministers
 What's New
 Media Room
 Publications
 Forms
 E-Services
 Frequently Asked Questions
 Our Partner Sites
 Accessibility Features

  Services for: Individuals Business Organizations Services Where You Live
 

Jurisdiction

Who is covered by federal labour legislation?

Most employers and their employees in Canada fall under the jurisdiction of the provincial labour legislation in their province. The federal Labour Program oversees the "federally regulated" sector of the labour force. This is approximately only 10% of the labour force. The rest of the labour force falls under provincial jurisdiction.

Broadly speaking, the activities that come within federal jurisdiction include:
  1. Interprovincial and international services such as
    • railways;
    • highway transport;
    • telephone, telegraph, and cable systems;
    • pipelines;
    • canals;
    • ferries, tunnels, and bridges;
    • shipping and shipping services;
  2. Radio and television broadcasting, including cablevision;
  3. Air transport, aircraft operations, and aerodromes;
  4. Banks;
  5. Undertakings for the protection and preservation of fisheries as a natural resource;
  6. Undertakings declared by Parliament to be for the general advantage of Canada such as
    • most grain elevators;
    • flour and seed mills, feed warehouses and grain-seed cleaning plants;
    • uranium mining and processing;
    • certain individual undertakings such as Hudson Bay Mining and Smelting Company
Most federal Crown corporations, such as the Canada Mortgage and Housing Corporation and Canada Post Corporation, are covered by federal legislation. Federal public service employees are also covered by Part II of the Canada Labour Code, which deals with Occupational Safety and Health. However, they are not covered by Part III of the Labour Code which deals with Labour Standards and Workplace Equity. The Government of Canada has stated, however, that the minimum standards of the Code will be met in the public service as a matter of policy.

Managerial and Professional Employees

The hours-of-work provisions of the Code do not apply to employees who are managers or superintendents or who exercise management functions or to members of architectural, dental, engineering, legal, or medical professions. Managers are also excluded from coverage under the unjust dismissal provisions.

Part-time and Casual Employees

The Code makes no distinction between full-time and part-time or casual employees. All are covered by its provisions if they meet the qualifying requirements.

This is a general outline of the undertakings subject to the Canada Labour Code. If you are employed in or operate an undertaking other than described above, you should contact your provincial or territorial labour department for information relating to labour standards.

In most cases, the above guidelines should indicate whether you and your company are covered by federal or provincial legislation. However, you should note that the jurisdiction of federal and provincial labour legislation can sometimes get quite complicated. You may need to discuss your particular company's operations with a Labour Affairs Officer near you in order to determine if you are covered by federal or provincial legislation.

 
     
   
Last modified :  2003-04-28 top Important Notices