Canada Labour Code, Part III

This consolidation has been prepared for convenience of reference only and has no official sanction. For all purposes of interpreting and applying the law, users should consult the Acts as passed by Parliament, which are published in the "Assented to" Acts service, Part III of the Canada Gazette and the annual Statutes of Canada and available in most public libraries.

Table of Contents
Subject	Section
Short title	[Section 1]
Definitions	[Section 2]
"federal work, undertaking or business" "Minister"
Standard Hours, Wages, Vacations and Holidays Interpretation
Definitions	[Section 166]
"collective agreement" "day" "employer" "general holiday" "industrial establishment" "inspector" "order" "overtime" "qualified medical practitioner" "regional Director" "standard hours of work" "trade union" "wages" "week"
Application
Application of Part	[Section 167.(1)]
Non-application of Division I to certain employees	[Section 167.(2)]
Non-application of Division XIV to managers	[Section 167.(3)]
Saving more favourable benefits	[Section 168.(1)]
Where collective agreement applies exclusively	[Section 168.(1.1)]
Sunday	[Section 168.(2)]
Division I
Hours of Work
In the body of the Canada Labour Code Part III, a red arrow at the beginning of a particular section indicates that regulations apply.
Standard hours of work	[Section 169.(1)]
Averaging	[Section 169.(2)]
Duration of averaging	[Section 169.(2.1)]
General holidays in week	[Section 169.(3)]
Modified work schedule	[Section 170.(1)]
Idem	[Section 170.(2)]
Posting of notice	[Section 170.(3)]
Transitional
Maximum hours of work	[Section 171.(1)]
Averaging	[Section 171.(2)]
Maximum hours of work	[Section 172.(1)]
Idem	[Section 172.(2)]
Posting of notice	[Section 172.(3)]
Vote	[Section 172.1(1)]
Duty of inspector	[Section 172.1(2)]
Confidentiality	[Section 172.1(3)]
Counting of ballots	[Section 172.1(4)]
Communication of result of vote	[Section 172.1(5)]
Effect of non­approval	[Section 172.1(6)]
Regulations	[Section 172.1(7)]
Statutory Instruments Act not applicable	[Section 172.1(8)]
Duration	[Section 172.2(1)]
Idem	[Section 172.2(2)]
Transitional
Scheduling hours of work	[Section 173]
Overtime pay	[Section 174]
Regulations for the purpose of this Division	[Section 175.(1)]
Inquiries	[Section 175.(2)]
Excess hours under ministerial permit	[Section 176.(1)]
Justifying permit	[Section 176.(2)]
Duration of permit	[Section 176.(3)]
Additional hours may be specified	[Section 176.(4)]
Report to Minister	[Section 176.(5)]
Emergency work	[Section 177.(1)]
Reporting additional work	[Section 177.(2)]
Division II
Minimum Wages
In the body of the Canada Labour Code Part III, a red arrow at the beginning of a particular section indicates that regulations apply.
Minimum wage	[Section 178.(1)]
Where wage rate based on age	[Section 178.(2)]
Amendment of minimum wage	[Section 178.(3)]
Minimum on other basis than time	[Section 178.(4)]
Minimum rate fixed by Order to be paid	[Section 178.(5)]
Employees under 17 years of age	[Section 179]
[Repealed]	[Section 180]
Regulations applicable to Division	[Section 181]
Division III
Equal Wages
Application of sections	[Section 182.(1)]
Report to Commission	[Section 182.(2)]
Division IV
Annual Vacations
In the body of the Canada Labour Code Part III, a red arrow at the beginning of a particular section indicates that regulations apply.
Definitions	[Section 183]
"vacation pay" "year of employment"
Transitional
Annual vacation with pay	[Section 184]
Granting vacation with pay	[Section 185]
Vacation pay	[Section 186]
General holiday during vacation	[Section 187]
Termination of employment during year	[Section 188]
Transfer of work, undertaking or business	[Section 189.(1)]
Inclusion	[Section 189.(2)]
Regulations in relation to annual vacations	[Section 190]
Division V
General Holidays
In the body of the Canada Labour Code Part III, a red arrow at the beginning of a particular section indicates that regulations apply.
Definitions of employed in a continuous operation	[Section 191]
Entitlement to holidays	[Section 192]
General holiday falling on day off	[Section 193.(1)]
Alternative day for holiday falling on non­working Saturday or Sunday	[Section 193.(2)]
Exemption under collective agreement	[Section 194]
Substituted holidays	[Section 195.(1)]
Idem	[Section 195.(2)]
Posting of notice	[Section 195.(3)]
Voting, duration	[Section 195.1]
Transitional
Weekly or monthly pay not to be reduced for holiday	[Section 196.(1)]
Pay at daily or hourly rate	[Section 196.(2)]
Pay on other basis	[Section 196.(3)]
Additional pay for holiday work	[Section 197]
Holiday work in continuous operation employment	[Section 198]
Holiday work for managers, etc.	[Section 199]
Holiday pay	[Section 200]
Exceptions	[Section 201.(1)]
Idem	[Section 201.(2)]
Exception	[Section 201.(3)]
Calculation of holiday pay	[Section 201.(4)]
Regulations	[Section 201.1]
Holiday during first 30 days of employment	[Section 202.(1)]
Employment	[Section 202.(2)]
Division VI
Multi­Employer Employment
Definitions of multi­employer employment	[Section 203.(1)]
Regulations	[Section 203.(2)]
Idem, application	[Section 203.(3)]
Division VII
Reassignment, Maternity Leave and Parental Leave
In the body of the Canada Labour Code Part III, a red arrow at the beginning of a particular section indicates that regulations apply.
Maternity­Related Reassignment and Leave
Reassignment and job modification	[Section 204.(1)]
Medical certificate	[Section 204.(2)]
Employer's obligations	[Section 205.(1)]
Rights of employee	[Section 205.(2)]
Onus of proof	[Section 205.(3)]
Employee to be informed	[Section 205.(4)]
Status of employee	[Section 205.(5)]
Employee's right to leave	[Section 205.(6)]
Entitlement to leave	[Section 205.1]
Employees's duty to inform employer	[Section 205.2]
Maternity Leave
Entitlement to leave	[Section 206]
Parental Leave
Entitlement to leave	[Section 206.1(1)]
Period in which leave may be taken	[Section 206.1(2)]
Aggregate leave - two employees	[Section 206.1(3)]
Aggregate leave - maternity and parental	[Section 206.2]
Compassionate Care Leave
Definitions	[Section 206.3(1)]
"common-law partner" "family member" "qualified medical practitioner" "week"
Entitlement to leave	[Section 206.3(2)]
Period when leave may be taken	[Section 206.3(3)]
Shorter period	[Section 206.3(4)]
Expiration of shorter period	[Section 206.3(5)]
Minimum period of leave	[Section 206.1(5)]
Aggregate leave - more than one employee	[Section 206.3(7)]
Copy of certificate	[Section 206.3(7)]
General
Notification to employer	[Section 207.(1)]
Notice of change in length of leave	[Section 207.(2)]
Prohibition	[Section 208.(1)]
Exception	[Section 208.(2)]
Length of leave	[Section 208.(3)]
Burden of proof	[Section 208.(4)]
Application	[Section 208.1]
Right to notice of employment opportunities	[Section 209]
Resumption of employment in same position	[Section 209.1(1)]
Comparable position	[Section 209.1(2)]
Wages and benefits affected by reorganization	[Section 209.1(3)]
Notice of changes in wages and benefits	[Section 209.1(4)]
Right to benefits	[Section 209.2(1)]
Contributions by employee	[Section 209.2(2)]
Contributions by employer	[Section 209.2(2.1)]
Failure to pay contributions	[Section 209.2(3)]
Deemed continuous employment	[Section 209.2(4)]
Effect of leave	[Section 209.21]
Status of certificate	[Section 209.22]
Prohibition	[Section 209.3]
Regulations	[Section 209.4]
Applications of section 189	[Section 209.5]
Division VIII
Bereavement Leave
In the body of the Canada Labour Code Part III, a red arrow at the beginning of a particular section indicates that regulations apply.
Employee entitled	[Section 210.(1)]
Bereavement leave with pay	[Section 210.(2)]
Regulations	[Section 210.(3)]
Application of section 189	[Section 210.(4)]
Division IX
Group Termination of Employment
In the body of the Canada Labour Code Part III, a red arrow at the beginning of a particular section indicates that regulations apply.
Definitions	[Section 211]
"joint planning committee" "redundant employee" "trade union"
Notice of group termination	[Section 212.(1)]
Copies of notice	[Section 212.(2)]
Contents of notice	[Section 212.(3)]
Where employer deemed to terminate employment	[Section 212.(4)]
Cooperation with Commission	[Section 213.(1)]
Statement of benefits	[Section 213.(2)]
Establishment of joint planning committee	[Section 214.(1)]
Minimum number of members	[Section 214.(2)]
Appointment of members	[Section 214.(3)]
Employee representatives	[Section 215.(1)]
Idem	[Section 215.(2)]
Idem	[Section 215.(3)]
Election	[Section 215.(4)]
Employer representatives	[Section 215.(5)]
Time for appointment	[Section 216]
Failure to appoint	[Section 217]
Notice of membership	[Section 218]
Procedure	[Section 219.(1)]
Co­Chairmen	[Section 219.(2)]
Sittings	[Section 219.(3)]
Quorum	[Section 219.(4)]
Vacancy	[Section 219.(5)]
Idem	[Section 219.(6)]
Decision	[Section 219.(7)]
Wages	[Section 220]
Object of Joint Planning Committee	[Section 221.(1)]
Scope of matters considered	[Section 221.(2)]
Reasonable Effort	[Section 221.(3)]
Cooperation with Committee	[Section 221.(4)]
Supplying of information	[Section 222.(1)]
Inspector	[Section 222.(2)]
Application to Minister for arbitrator	[Section 223.(1)]
Form and contents of application	[Section 223.(2)]
Appointment of arbitrator	[Section 224.(1)]
The Minister shall notify and send a statement of matters in dispute	[Section 224.(2)]
Restrictin on matters included in statement	[Section 224.(3)]
Duty of arbitrator	[Section 224.(4)]
Restriction	[Section 224.(5)]
Powers of arbitrator	[Section 224.(6)]
Applicable provisions	[Section 225]
Implementation of adjustment program	[Section 226]
Regulations	[Section 227]
Waiver of application of Divison	[Section 228]
Application of sections 214 to 226	[Section 229.(1)]
Idem	[Section 229.(2)]

Division X
Individual Termination of Employment
In the body of the Canada Labour Code Part III, a red arrow at the beginning of a particular section indicates that regulations apply.
Notice or wages in lieu of notice	[Section 230.(1)]
Notice to Trade union in certain circumstances	[Section 230.(2)]
Where employer deemed to terminate employment	[Section 230.(3)]
Conditions of employment	[Section 231]
Expiration of notice	[Section 232]
Regulations	[Section 233]
Application of section 189	[Section 234]
Division XI
Severance Pay
In the body of the Canada Labour Code Part III, a red arrow at the beginning of a particular section indicates that regulations apply.
Minimum rate	[Section 235.(1)]
Circumstances deemed to be termination and deemed not to be termination	[Section 235.(2)]
Regulations	[Section 236]
Application of section 189	[Section 237]
Division XII
Garnishment
Prohibition	[Section 238]
Division XIII
Sick Leave
In the body of the Canada Labour Code Part III, a red arrow at the beginning of a particular section indicates that regulations apply.
Prohibiton	[Section 239.(1)]
Exception	[Section 239.(1.1)]
[Repealed]	[Section 239.(2)]
Benefits continue	[Section 239.(2.1)]
Contributions by employee	[Section 239.(2.2)]
Contributions by employer	[Section 239.(2.3)]
Failure to pay contributions	[Section 239.(3)]
Deemed continuous employment	[Section 239.(3.1)]
Regulations	[Section 239.(4)]
Application of section 189	[Section 239.(5)]
Division XIII.1
Work­related Illness and Injury
Prohibition	[Section 239.1(1)]
Employer's obligation	[Section 239.1(2)]
Return to work	[Section 239.1(3)]
Exception	[Section 239.1(4)]
Benefits continue	[Section 239.1(5)]
Contributions by employee	[Section 239.1(6)]
Contributions by employer	[Section 239.1(7)]
Failure to pay contribution	[Section 239.1(8)]
Deemed continuous employment	[Section 239.1(9)]
Regulations	[Section 239.1(10)]
Applications of section 189	[Section 239.1(11)]
Division XIV
Unjust Dismissal
In the body of the Canada Labour Code Part III, a red arrow at the beginning of a particular section indicates that regulations apply.
Complaint to inspector for unjust dismissal	[Section 240.(1)]
Time for making complaint	[Section 240.(2)]
Extension of time	[Section 240.(3)]
Reasons for dismissal	[Section 241.(1)]
Inspector to assist parties	[Section 241.(2)]
Where complaint not settled within reasonable time	[Section 241.(3)]
Reference to adjudicator	[Section 242.(1)]
Powers of adjudicator	[Section 242.(2)]
Decision of adjudicator	[Section 242.(3)]
Limitation on complaints	[Section 242.(3.1)]
Where unjust dismissal	[Section 242.(4)]
Decisions not to be reviewed by Court	[Section 243.(1)]
No review by certiorari, etc	[Section 243.(2)]
Enforcement of Orders	[Section 244.(1)]
Idem	[Section 244.(2)]
Regulations	[Section 245]
Civil remedy	[Section 246.(1)]
Application of section 189	[Section 246.(2)]
Division XV
Payment of Wages
Payment of wages	[Section 247]
Division XV.1
Sexual Harassment
Definition of sexual harassment	[Section 247.1]
Right of employee	[Section 247.2]
Responsibility of employer	[Section 247.3]
Policy statement by employer	[Section 247.4(1)]
Contents of policy statement	[Section 247.4(2)]
Publicity	[Section 247.4(3)]
Division XVI
Administration and General
Inquiries
Inquiries	[Section 248.(1)]
Powers of an inquiry	[Section 248.(2)]
Inspections
Inspectors	[Section 249.(1)]
Powers of inspectors	[Section 249.(2)]
Right to enter premises	[Section 249.(3)]
Assistance to inspectors	[Section 249.(4)]
Certificate to be produced	[Section 249.(5)]
Assistance	[Section 249.(6)]
Evidence in civil suits precluded	[Section 249.(7)]
Inspector not liable	[Section 249.(8)]
Administering oaths	[Section 250]
Where underpayments found on inspection	[Section 251.(1)]
Where amount of underpayment agreed to	[Section 251.(2)]
Where amount paid to Minister	[Section 251.(3)]
Minister's consent required for prosecution	[Section 251.(4)]
Recovery of Wages
Payment order	[Section 251.1(1)]
Where complaint unfounded	[Section 251.1(2)]
Service of documents	[Section 251.1(3)]
Proof of service of documents	[Section 251.1(4)]
Appeal	[Section 251.11(1)]
Payment of amount	[Section 251.11(2)]
Appointment of referee	[Section 251.12(1)]
Powers of referee	[Section 251.12(2)]
Time frame	[Section 251.12(3)]
Referee's decision	[Section 251.12(4)]
Copies of decision to be sent	[Section 251.12(5)]
Order final	[Section 251.12(6)]
No review by certiorari, etc	[Section 251.12(7)]
Order to debtor of employer	[Section 251.13(1)]
Banks, etc.	[Section 251.13(2)]
Deposit of moneys	[Section 251.14(1)]
Record	[Section 251.14(2)]
Enforcement of orders	[Section 251.15(1)]
Idem	[Section 251.15(2)]
Registration of orders	[Section 251.15(3)]
Regulations	[Section 251.16]
Statutory Instruments Act	[Section 251.17]
Civil liability of directors	[Section 251.18]
Cooperatives	[Section 251.19]
Information and Returns
Information and returns	[Section 252.(1)]
Records to be kept	[Section 252.(2)]
Exception	[Section 252.(3)]
Notice to furnish information	[Section 253.(1)]
Proof of service of notice	[Section 253.(2)]
Proof of failure to comply	[Section 253.(3)]
Proof of documents	[Section 253.(4)]
Proof of authority	[Section 253.(5)]
Pay statement	[Section 254.(1)]
Exemption	[Section 254.(2)]
Deductions
General rule	[Section 254.1(1)]
Permitted deductions	[Section 254.1(2)]
Damage or loss	[Section 254.1(3)]
Regulations	[Section 254.1(4)]
Combining Federal Works, Undertaking and Businesses
Orders of Minister combining federal works, undertakings and businesses	[Section 255.(1)]
Idem	[Section 255.(2)]
Offenses and Punishment
Offenses and punishment	[Section 256.(1)]
Idem	[Section 256.(2)]
Idem	[Section 256.(3)]
Procedure	[Section 257.(1)]
Limitation period	[Section 257.(2)]
Minister's consent required	[Section 257.(3)]
Order to pay arrears of wages	[Section 258.(1)]
Reinstatement of pay and position	[Section 258.(2)]
When inaccurate record kept	[Section 258.(3)]
Refusal to comply with order	[Section 259]
Imprisonment precluded in certain cases	[Section 259.1(1)]
Recovery of penalties	[Section 259.1(2)]
Identity of complainants	[Section 260]
Civil remedy	[Section 261]
Ministerial Orders
Orders	[Section 262]
[Repealed]	[Section 263]
Regulations
Regulations	[Section 264]
Application of Provincial Laws
Provincial Crown corporations	[Section 265]
Exclusion from application	[Section 266]
Regulations	[Section 266.(2)]
Application of certain provisions	[Section 267]