166. In this Part,

“collective agreement” means an agreement in writing containing terms or conditions of employment of employees, including provisions with reference to rates of pay, hours of work and settlement by a third party of disagreements arising in the application of the agreement, between

(a) an employer or an employers’ organization acting on behalf of an employer, and

(b) a trade union acting on behalf of the employees in collective bargaining or as a party to an agreement with the employer or employers’ organization;

“day” means any period of twenty-four consecutive hours;

“employer” means any person who employs one or more employees;

“general holiday” means New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day and includes any day substituted for any such holiday pursuant to section 195;

“industrial establishment” means any federal work, undertaking or business and includes such branch, section or other division of a federal work, undertaking or business as is designated as an industrial establishment by regulations made under paragraph 264(b);

“inspector” means any person designated as an inspector under section 249;

“order” means any order of the Minister made pursuant to this Part or the regulations;

“overtime” means hours of work in excess of standard hours of work;

“qualified medical practitioner” means a person who is entitled to practise medicine under the laws of a province;

“regional director” means the director of a regional office of the Department of Human Resources and Skills Development or the director’s designated representative;

“standard hours of work” means the hours of work established pursuant to section 169 or 170 or in any regulations made pursuant to section 175;

“trade union” means any organization of employees formed for purposes that include the regulation of relations between employers and employees;

“wages” includes every form of remuneration for work performed but does not include tips and other gratuities;

“week” means, in relation to Division I, the period between midnight on Saturday and midnight on the immediately following Saturday.

R.S., 1985, c. L-2, s. 166; 1993, c. 42, s. 12; 1996, c. 11, s. 66; 2005, c. 34, s. 79.

167. (1) This Part applies

(a) to employment in or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut;

(b) to and in respect of employees who are employed in or in connection with any federal work, undertaking or business described in paragraph (a);

(c) to and in respect of any employers of the employees described in paragraph (b);

(d) to and in respect of any corporation established to perform any function or duty on behalf of the Government of Canada other than a department as defined in the Financial Administration Act; and

(e) to or in respect of any Canadian carrier, as defined in section 2 of the Telecommunications Act, that is an agent of Her Majesty in right of a province.

(2) Division I does not apply to or in respect of employees who

(a) are managers or superintendents or exercise management functions; or

(b) are members of such professions as may be designated by regulation as professions to which Division I does not apply.

(3) Division XIV does not apply to or in respect of employees who are managers.

R.S., 1985, c. L-2, s. 167; R.S., 1985, c. 9 (1st Supp.), s. 5; 1993, c. 28, s. 78, c. 38, s. 90; 2002, c. 7, s. 98(E).

168. (1) This Part and all regulations made under this Part apply notwithstanding any other law or any custom, contract or arrangement, but nothing in this Part shall be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable to the employee than his rights or benefits under this Part.

(1.1) Divisions II, IV, V and VIII do not apply to an employer and employees who are parties to a collective agreement that confers on employees rights and benefits at least as favourable as those conferred by those respective Divisions in respect of length of leave, rates of pay and qualifying periods for benefits, and, in respect of employees to whom the third party settlement provisions of such a collective agreement apply, the settlement of disagreements relating to those matters is governed exclusively by the collective agreement.

(2) Nothing in this Part authorizes the doing of any work on Sunday that is prohibited by law.

R.S., 1985, c. L-2, s. 168; 1993, c. 42, s. 13.

169. (1) Except as otherwise provided by or under this Division

(a) the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week; and

(b) no employer shall cause or permit an employee to work longer hours than eight hours in any day or forty hours in any week.

(2) Where the nature of the work in an industrial establishment necessitates irregular distribution of the hours of work of an employee, the hours of work in a day and the hours of work in a week may be calculated, in such manner and in such circumstances as may be prescribed by the regulations, as an average for a period of two or more weeks.

(2.1) The averaged hours of work calculated pursuant to subsection (2) remain in effect

(a) where the averaging of hours of work is agreed to in writing by an employer and a trade union, for the duration of that agreement or for such shorter period as is agreed to by the parties; or

(b) where the averaging of hours of work is not agreed to in writing by an employer and a trade union, for no longer than three years.

(3) In a week in which one or more general holidays occur that under Division V entitle an employee to holidays with pay in that week, the hours of work of the employee in that week shall be reduced by the standard hours of work for each general holiday in that week and, for the purposes of this subsection, in calculating the time worked by an employee in any such week, no account shall be taken of any time worked by the employee on the holidays or of any time during which the employee was at the disposal of his employer during the holidays.

R.S., 1985, c. L-2, s. 169; 1993, c. 42, s. 14.

170. (1) An employer may, in respect of employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

(a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and

(b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.

(2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if

(a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and

(b) the schedule, or its modification or cancellation, has been approved by at least seventy per cent of the affected employees.

(3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect.

R.S., 1985, c. L-2, s. 170; 1993, c. 42, s. 15.

171. (1) An employee may be employed in excess of the standard hours of work but, subject to sections 172, 176 and 177, and to any regulations made pursuant to section 175, the total hours that may be worked by any employee in any week shall not exceed forty-eight hours in a week or such fewer total number of hours as may be prescribed by the regulations as maximum working hours in the industrial establishment in or in connection with the operation of which the employee is employed.

(2) Subsection 169(2) applies in the computation of the maximum hours of work in a week prescribed under this section.

R.S., c. L-1, s. 30; R.S., c. 17(2nd Supp.), s. 4; 1977-78, c. 27, s. 6.

172. (1) An employer may, in respect of employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if

(a) the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and

(b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union.

(2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if

(a) the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and

(b) the schedule, or its modification or cancellation, has been approved by at least seventy per cent of the affected employees.

(3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect.

R.S., 1985, c. L-2, s. 172; 1993, c. 42, s. 16.

172.1 (1) Where a work schedule is established, modified or cancelled pursuant to subsection 170(2) or 172(2), any affected employee may, within ninety days after the new schedule or its modification or cancellation takes effect, request an inspector to conduct a vote to determine whether seventy per cent of the affected employees approve the new schedule or its modification or cancellation.

(2) Where a request has been made under subsection (1), the inspector shall conduct a secret vote to determine the percentage of the affected employees that approves the new schedule or the modification or cancellation.

(3) A request made under subsection (1), the ballots and any other documents relating to the vote are confidential and shall not be given to the employer.

(4) The inspector shall count the ballots in the presence of a representative chosen by the affected employees and a representative chosen by the employer.

(5) The inspector shall report the result of the vote to the regional director, who shall then inform the employer, by written notice, of the result.

(6) Where the result of the vote indicates that less than seventy per cent of the affected employees approve the new schedule or its modification or cancellation, the employer shall comply with the result of the vote within thirty days after being informed of that result by the regional director.

(7) The Governor in Council may make regulations respecting the conduct of votes under this section.

(8) The Statutory Instruments Act does not apply in respect of the written notice given by the regional director to the employer pursuant to subsection (5).

1993, c. 42, s. 16.

172.2 (1) A work schedule that is established or modified under subsection 170(1) or 172(1) remains in effect for the duration of the written agreement between the employer and the trade union.

(2) A work schedule that is established or modified under subsection 170(2) or 172(2) remains in effect for three years or for such shorter period as is agreed to by the parties.

1993, c. 42, s. 16.

173. Except as may be otherwise prescribed by the regulations, hours of work in a week shall be so scheduled and actually worked that each employee has at least one full day of rest in the week, and, wherever practicable, Sunday shall be the normal day of rest in the week.

R.S., c. L-1, s. 31.

174. When an employee is required or permitted to work in excess of the standard hours of work, the employee shall, subject to any regulations made pursuant to section 175, be paid for the overtime at a rate of wages not less than one and one-half times his regular rate of wages.

R.S., c. L-1, s. 32; R.S., c. 17(2nd Supp.), s. 5.

175. (1) The Governor in Council may make regulations

(a) modifying the provisions of sections 169 and 171 for the purpose of the application of this Division to classes of employees who are employed in or in connection with the operation of any industrial establishment where, in the opinion of the Governor in Council, the application of those sections without modification

(i) would be or is unduly prejudicial to the interests of the employees in those classes, or

(ii) would be or is seriously detrimental to the operation of the industrial establishment;

(b) exempting any class of employees from the application of any one or more of sections 169, 171 and 174 where the Governor in Council is satisfied that those sections cannot reasonably be applied to that class of employees;

(c) providing that section 174 does not apply in circumstances where work practices specified in the regulations are followed that in the opinion of the Governor in Council make the application of that section either unreasonable or inequitable; and

(d) providing for the calculation of hours worked by employees of any class who are employed in any industrial establishment or in any class of industrial establishment.

(2) No regulations may be made pursuant to paragraph (1)(a) or (b) unless the Minister, pursuant to section 248, has caused an inquiry to be made into and concerning the employment of employees liable to be affected thereby and has received a report from the person or persons appointed to hold the inquiry.

R.S., c. 17(2nd Supp.), s. 5.

176. (1) On the application of an employer or an employer’s organization, the Minister, having regard to the conditions of employment in any industrial establishment and the welfare of the employees, may, by a permit in writing, authorize hours to be worked by any class of employees therein in excess of the maximum hours of work specified in or prescribed under section 171, established pursuant to section 172 or prescribed by regulations made under section 175.

(2) No permit may be issued under subsection (1) unless the applicant has satisfied the Minister

(a) that there are exceptional circumstances to justify the working of additional hours;

(b) that the employer had posted a notice of the application for a permit under subsection (1), for at least thirty days before its proposed effective date, in places readily accessible to the affected class of employees where they were likely to see it; and

(c) if those employees are represented by a trade union, that the employer had informed the trade union in writing of the application for the permit.

(3) A permit under subsection (1) shall be issued for the period specified therein, which shall not be longer than the period during which it is anticipated that the exceptional circumstances that justified the permit will continue.

(4) A permit under subsection (1) may specify either

(a) the total of the number of additional hours in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175, or

(b) the additional hours that may be worked in any day and in any week during the period of the permit.

(5) Where a permit has been issued under this section, the employer for whom or on whose behalf the permit was issued shall report in writing to the Minister, within fifteen days after the expiration of the period specified in the permit or within such time as the Minister may fix in the permit, stating the number of employees who worked in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175 and the number of additional hours each of them worked.

R.S., 1985, c. L-2, s. 176; 1993, c. 42, s. 17.

177. (1) The maximum hours of work in a week specified in or prescribed under section 171, established pursuant to section 172 or prescribed by regulations made under section 175 may be exceeded, but only to the extent necessary to prevent serious interference with the ordinary working of the industrial establishment affected, in cases of

(a) accident to machinery, equipment, plant or persons;

(b) urgent and essential work to be done to machinery, equipment or plant; or

(c) other unforeseen or unpreventable circumstances.

(2) Where the maximum hours of work in an industrial establishment have been exceeded under the authority of subsection (1), the employer shall report in writing to the regional director, and also to the trade union if the affected employees are subject to a collective agreement, within fifteen days after the end of the month in which the maximum was exceeded, stating the nature of the circumstances in which the maximum was exceeded, the number of employees who worked in excess of the maximum and the number of additional hours each of them worked.

R.S., 1985, c. L-2, s. 177; 1993, c. 42, s. 18.

178. (1) Except as otherwise provided by or under this Division, an employer shall pay to each employee a wage at a rate

(a) not less than the minimum hourly rate fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience; or

(b) where the wages of the employee are paid on any basis of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee.

(2) For the purposes of paragraph (1)(a), where minimum hourly rates for a province are fixed on the basis of age, the minimum hourly rate for that province is the highest of those rates.

(3) For the purposes of paragraph (1)(a), the Governor in Council may, by order,

(a) replace the minimum hourly rate that has been fixed with respect to employment in a province with another rate; or

(b) fix a minimum hourly rate with respect to employment in a province if no such minimum hourly rate has been fixed.

(4) Where the wages of an employee are computed and paid on a basis other than time or on a combined basis of time and some other basis, the Minister may, by order,

(a) fix a standard basis of work to which a minimum wage on a basis other than time may be applied; and

(b) fix a minimum rate of wage that in the opinion of the Minister is the equivalent of the minimum rate under subsection (1).

(5) Except as otherwise provided by or under this Division, the employer shall pay to each employee who is paid on a basis other than time or on a combined basis of time and some other basis a wage at a rate not less than the minimum rate fixed by order under subsection (4).

R.S., 1985, c. L-2, s. 178; 1996, c. 32, s. 1.

179. 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.

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

181. 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.

182. (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.

(2) Where an inspector 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 inspector may notify the Canadian Human Rights Commission or file a complaint with that Commission under section 40 of the Canadian Human Rights Act.

R.S., c. 17(2nd Supp), s. 9; 1976-77, c. 33, s. 66.

183. In this Division,

“vacation pay” means four per cent or, after six consecutive years of employment by one employer, six per cent of the wages of an employee during the year of employment in respect of which the employee is entitled to the vacation;

“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.

R.S., 1985, c. L-2, s. 183; 1993, c. 42, s. 19.

184. Except as otherwise provided by or under this Division, every employee is entitled to and shall be granted a vacation of at least two weeks with vacation pay and, after six consecutive years of employment by one employer, at least three weeks with vacation pay in respect of every year of employment by that employer.

R.S., c. L-1, s. 40; R.S., c. 17(2nd Supp.), s. 10; 1976-77, c. 28, s. 49; 1977-78, c. 27, s. 11.

185. 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 such time as is prescribed by the regulations, pay to the employee the vacation pay to which the employee is entitled in respect of that vacation.

R.S., c. L-1, s. 41; R.S., c. 17(2nd Supp.), s. 11.

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

R.S., c. L-1, s. 42.

187. 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.

188. When an employee ceases to be employed, the employer shall forthwith pay to the employee

(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) four per cent or, if the employee has completed six consecutive years of employment by one employer, six per cent of the wages of the employee during any part of the completed portion of his year of employment in respect of which vacation pay has not been paid to the employee.

R.S., c. L-1, s. 44; R.S., c. 17(2nd Supp.), s. 12; 1976-77, c. 28, s. 49; 1977-78, c. 27, s. 13.

189. (1) Where any particular federal work, undertaking or business, or part thereof, in or in connection with the operation of which an employee is employed is, by sale, lease, merger or otherwise, transferred from one employer to another employer, the employment of the employee by the two employers before and after the transfer of the work, undertaking or business, or part thereof, shall, for the purposes of this Division, be deemed to be continuous with one employer, notwithstanding the transfer.

(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.

190. 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) defining the circumstances and conditions under which the rights of an employee under this Division may be waived or the enjoyment thereof postponed;

(b) prescribing the notices to be given to employees of the times when vacations may be taken;

(c) prescribing the time when vacation pay shall be paid;

(d) defining the absences from employment that shall be deemed not to have interrupted continuity of employment;

(e) respecting the determination by the employer of a year of employment in relation to any industrial establishment;

(f) for the calculation and determination of vacation and vacation pay in the case of seasonal or temporary employees or in other suitable cases;

(g) providing for the granting of vacation or the payment of vacation pay in the event of temporary cessation of employment; and

(h) providing for the application of this Division where, owing to illness or other unavoidable absence, an employee has been absent from his employment.

R.S., 1985, c. L-2, s. 190; 1993, c. 42, s. 20.

191. In this Division, the expression “employed in a continuous operation” refers to employment in

(a) any industrial establishment in which, in each seven day period, operations once begun normally continue without cessation until the completion of the regularly scheduled operations for that period;

(b) any operations or services concerned with the running of trains, planes, ships, trucks and other vehicles, whether in scheduled or non-scheduled operations;

(c) any telephone, radio, television, telegraph or other communication or broadcasting operations or services; or

(d) any operation or service normally carried on without regard to Sundays or public holidays.

R.S., c. L-1, s. 47.

192. Except as otherwise provided by this Division, every employee is entitled to and shall be granted a holiday with pay on each of the general holidays falling within any period of his employment.

R.S., c. L-1, s. 48.

193. (1) Except as otherwise provided by this Division and subject to subsection (2), when a general holiday falls on a day that is a non-working day for an employee, the employee is entitled to and shall be granted a holiday with pay at some other time, which may be by way of addition to his annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer.

(2) Except as otherwise provided by this Division, when New Year’s Day, Canada Day, Remembrance Day, Christmas Day or Boxing Day falls on a Sunday or Saturday that is a non-working day, the employee is entitled to and shall be granted a holiday with pay on the working day immediately preceding or following the general holiday.

R.S., c. L-1, s. 49; R.S., c. 17(2nd Supp.), s. 13; 1977-78, c. 27, s. 14.

194. Section 193 does not apply in respect of any employees who are employed under the terms of a collective agreement that entitles those employees to at least nine holidays with pay, exclusive of any annual vacation, in each year.

R.S., c. L-1, s. 50; 1977-78, c. 27, s. 15.

195. (1) An employer may, in respect of employees subject to a collective agreement, substitute any other holiday for a general holiday if the substitution is agreed to in writing by the employer and the trade union, and the substituted holiday shall, for those employees, be deemed to be a general holiday for the purposes of this Part.

(2) Subject to subsection (3), an employer may, in respect of employees not subject to a collective agreement, substitute any other holiday for a general holiday if the substitution has been approved by at least seventy per cent of the affected employees, and the substituted holiday shall, for those employees, be deemed to be a general holiday for the purposes of this Part.

(3) Where any other holiday is to be substituted for a general holiday pursuant to subsection (2), the employer shall post a notice of the substitution in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the substitution takes effect.

R.S., 1985, c. L-2, s. 195; 1993, c. 42, s. 21.

195.1 Sections 172.1 and 172.2 apply, with such modifications as the circumstances require, in respect of the substitution of a general holiday pursuant to this Division.

1993, c. 42, s. 21.

196. (1) Where the wages for an employee are calculated on a weekly or monthly basis, the weekly or monthly wages of the employee shall not be reduced for a week or month in which a general holiday occurs by reason only that the employee did not work on the general holiday.

(2) An employee whose wages are calculated on a daily or hourly basis shall, for a general holiday on which the employee does not work, be paid at least the equivalent of the wages the employee would have earned at his regular rate of wages for his normal hours of work.

(3) An employee whose wages are calculated on any basis other than a basis mentioned in subsection (1) or (2) shall, for a general holiday on which the employee does not work, be paid at least the equivalent of the wages the employee would have earned at his regular rate of wages for his normal working day.

R.S., c. L-1, s. 52.

197. Except in the case of an employee employed in a continuous operation, an employee who is required to work on a day on which the employee is entitled under this Division to a holiday with pay shall be paid, in addition to his regular rate of wages for that day, at a rate at least equal to one and one-half times his regular rate of wages for the time that the employee worked on that day.

R.S., 1985, c. L-2, s. 197; 1993, c. 42, s. 22(F); 2001, c. 34, s. 18(F).

198. An employee employed in a continuous operation who is required to work on a day on which the employee is entitled under this Division to a holiday with pay

(a) shall be paid, in addition to his regular rate of wages for that day, at a rate at least equal to one and one-half times his regular rate of wages for the time that the employee worked on that day;

(b) shall be given a holiday and pay in accordance with section 196 at some other time, which may be by way of addition to his annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer; or

(c) shall, where a collective agreement that is binding on the employer and the employee so provides, be paid in accordance with section 196 for the first day on which the employee does not work after that day.

R.S., 1985, c. L-2, s. 198; 1993, c. 42, s. 23(F); 2001, c. 34, s. 19(F).

199. Notwithstanding sections 197 and 198, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which the employee is entitled under this Division to a holiday with pay shall be given a holiday and pay in accordance with section 196 at some other time, which may be by way of addition to his annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer.

1977-78, c. 27, s. 17.

200. Pay granted to an employee for a general holiday on which the employee does not work shall for all purposes be deemed to be wages.

R.S., c. L-1, s. 55.

201. (1) An employee who does not work on a general holiday is not entitled to be paid for the general holiday if, during the thirty days immediately preceding the general holiday, the employee is not entitled to wages

(a) for at least fifteen days; or

(b) where the employee is working under a schedule established or modified pursuant to section 170, for at least the number of days calculated or determined pursuant to any regulations made under section 201.1.

(2) No employee who is employed in a continuous operation is entitled to be paid for a general holiday

(a) on which the employee did not report for work after having been called to work on that day; or

(b) in respect of which the employee makes himself unavailable to work in accordance with the conditions of employment in the industrial establishment in which the employee is employed.

(3) Subsection (1) does not apply with respect to an employee, other than an employee who is working under a schedule established or modified pursuant to section 170, whose terms and conditions of employment with respect to hours of work are such that the employee is unable to establish entitlement to wages on at least fifteen days during the thirty calendar days immediately preceding a general holiday.

(4) An employee described in subsection (3) is not entitled to a holiday with pay referred to in section 193 in respect of any general holiday on which the employee does not work, but, notwithstanding section 196, the employee is entitled to be paid 1/20th of the wages he has earned during the thirty calendar days immediately preceding that general holiday.

R.S., 1985, c. L-2, s. 201; R.S., 1985, c. 9 (1st Supp.), s. 8; 1993, c. 42, s. 24.

201.1 The Governor in Council may make regulations setting out the manner of calculating or determining the number of days for the purpose of paragraph 201(1)(b).

1993, c. 42, s. 25.

202. (1) An employee is not entitled to pay for a general holiday that occurs in his first thirty days of employment with an employer if the employee does not work on that day, but if required to work on the general holiday the employee shall be paid at a rate at least equal to one and one-half times his regular rate of wages for the time that the employee worked on that day, unless the employee is employed in a continuous operation in which case the employee is entitled to his regular rate of wages for the time that the employee worked on that day.

(2) For the purposes of this section, a person shall be deemed to be in the employment of another person when that person is available at the call of that other person, whether or not that person is called on to perform any work therefor.

R.S., 1985, c. L-2, s. 202; 2001, c. 34, s. 20(F).

203. (1) In this Division, “multi-employer employment”, as more particularly defined by the regulations, means employment in any occupation or trade in which, by custom of that occupation or trade, any or all employees would in the usual course of a working month be ordinarily employed by more than one employer.

(2) The Governor in Council may make regulations

(a) defining more particularly the expression “multi-employer employment”; and

(b) modifying, to such extent as the Governor in Council deems necessary, the provisions of Division IV, V, VII, VIII, X, XI, XIII or XIV so that, as far as practicable, employees engaged in multi-employer employment will be entitled to the same rights and benefits under that Division as employees employed by one employer.

(3) Any regulation made pursuant to subsection (2) may be made applicable to all federal works, undertakings or businesses or particularly to one or more such works, undertakings or businesses or such classes thereof or classes of employees thereof as may be specified in the regulations.

R.S., 1985, c. L-2, s. 203; R.S., 1985, c. 9 (1st Supp.), s. 9.