Canada Labour Code, Part III
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(Sections 1, 2, and 166 to 229)
CHAPTER L-2
An Act to consolidate certain statutes respecting labour
Short Title
1. This Act may be cited as the Canada Labour Code. R.S., c. L-1, s. 1.
Interpretation
federal work, undertaking or business
«entreprises...»
"federal work, undertaking or business" means any work, undertaking or business that is within the legislative authority of Parliament, including, without restricting the generality of the foregoing,
(b) a railway, canal, telegraph or other work or undertaking connecting any province with any other province, or extending beyond the limits of a province,
(c) a line of ships connecting a province with any other province, or extending beyond the limits of a province,
(d) a ferry between any province and any other province or between any province and any country other than Canada,
(e) aerodromes, aircraft or a line of air transportation,
(f) a radio broadcasting station,
(g) a bank,
(h) a work or undertaking that, although wholly situated within a province, is before or after its execution declared by Parliament to be for the general advantage of Canada or for the advantage of two or more of the provinces,
(i) a work, undertaking or business outside the exclusive legislative authority of the legislatures of the provinces, and
(j) a work, undertaking or activity in respect of which federal laws within the meaning of the Canadian Laws Offshore Application Act apply pursuant to that Act and any regulations made under that Act;
"Minister" means the Minister of Labour.
R.S., 1985, c. L-2, s. 2; 1990, c. 44, s. 17; 1996, c. 31, s. 89.
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PART III
STANDARD HOURS, WAGES, VACATIONS AND HOLIDAYS
Interpretation
166. In this Part,
collective agreement
«convention...»
"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
(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
«établissement»
"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
«médecin»...
"qualified medical practitioner" means a person who is entitled to practise medicine under the laws of a province;
regional director
«directeur...»
"regional director" means the director of a regional office of the Department of Human Resources Development or the director's designated representative;
standard hours of work
«durée...»
"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 betweenemployers 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.
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Application
167. (1) This Part applies
(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 insection 2 of the Telecommunications Act, that is an agent of Her Majesty in right of a province.
Non-application of Division I to certain employees
(2) Division I does not apply to or in respect of employees who
(b) are members of such professions as may be designated by regulation as professions to which Division I does not apply.
Non-application of Division XIV to managers
(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. 38, s. 90; 2002, c.7, 2. 98 (E).
Saving more favourable benefits
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.
Where collective agreement applies exclusively
(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 asthose 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.
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A red arrow 
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Click on the arrow to access a table showing these regulation(s).
Division I
Hours of Work
Standard hours of work
169. (1) Except as otherwise provided by or under this Division
(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 tosubsection (2) remain in effect
(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.
Modified work schedule
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
(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
(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.
Maximum hours of work
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 fortyeight 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.
Maximum hours of work
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
(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
(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.
Vote
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 theaffected 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.
Communication of result of vote
(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.
Statutory Instruments Act not applicable
(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.
Duration
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.
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Scheduling hours of work
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. L1, s. 31.
Overtime pay
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 onehalf times his regular rate of wages. R.S., c. L-1, s. 32; R.S., c. 17(2nd Supp.), s. 5.
Regulations for the purpose of this Division
175. (1) The Governor in Council may make regulations
(ii) would be or is seriously detrimental to the operation of the industrial establishment;
(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.
Excess hours under ministerial permit
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
(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.
Additional hours may be specified
(4) A permit under subsection (1) may specify either
(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.
Emergency work
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
(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 subjectto 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.
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Division II
Minimum Wages
Minimum wage
178. (1) Except as otherwise provided by or under this Division, an employer shall pay to each employee a wage at a rate
(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 the province is the highest of those rates.
(3) For the purposes of paragraph (1)(a), the Governor in Council may, by order,
(b) fix a minimum hourly rate with respect to employment in a province if no such minimum hourly rate has been fixed.
Minimum on other basis than time
(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,
(b) fix a minimum rate of wage that in the opinion of the Minister is the equivalent of the minimum rate under subsection (1).
Minimum rate fixed by order to be paid
(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.
Employees under 17 years of age
179. An employer may employ a person under the age of seventeen years only
(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]
Regulations applicable to Division
181. The Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, withoutrestricting the generality of the foregoing, may make regulations
(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.
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Division III
Equal Wages
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.
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Division IV
Annual Vacations
Definitions
183. In this Division,
vacation pay
«indemnité...»
"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
(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.
Annual vacation with pay
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.
Granting vacation with pay
185. The employer of an employee who under this Division has become entitled to a vacation with vacation pay
(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.
Vacation pay
186. Vacation pay shall for all purposes be deemed to be wages.
R.S., c. L-1, s. 42.
General holiday during vacation
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.
Termination of employment during year
188. When an employee ceases to be employed, the employer shall forthwith pay to the employee
(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.
Transfer of work, undertaking or business
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 transferof 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
(b) a portion of the public service of Canada included in a portion of the public service of Canada so specified in Part I or II of Schedule I to that Act 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.
Regulations in relation to annual vacations
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
(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.
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Division V
General Holidays
Definition of employed in a continuous operation
191. In this Division, the expression employed in a continuous operation refers to employment in
(b) any operations or services concerned with the running of trains, planes, ships, trucks and other vehicles, whether in scheduled or nonscheduled 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.
General holiday falling on day off
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.
Alternative day for holiday falling on non-working Saturday or Sunday
(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.
Exemption under collective agreement
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.
Substituted holidays
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 deemedto 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.
Weekly or monthly pay not to be reduced for holiday
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 otherthan 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.
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Additional pay for holiday work
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).
Holiday work in continuous operation employment
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
(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).
Holiday work for managers, etc.
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
(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
(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.
Holiday during first 30 days of employment
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. 2 .20(F).
(Return to Table of Contents)
Division VI
Multi-employer Employment
Definition of multi-employer employment
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
(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 multiemployer 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.
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Division VII
Reassignment, Maternity Leave, Parental Leave and Compassionate Care Leave
Maternity-related Reassignment and Leave
Reassignment and job modification
204. (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request the employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or to that of the foetus or child.
(2) An employee's request under subsection (1) must be accompanied by a certificate of a qualified medical practitioner of the employee's choice indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk.
R.S., 1985, c. L-2, s. 204; R.S., 1985, c. 9 (1st Supp.), s. 9; 1993, c. 42, s. 26.
Employer's obligations
205. (1) An employer to whom a request has been made under subsection 204(1) shall examine the request in consultation with the employee and, where reasonably practicable, shall modify the employee's job functions or reassign her.
(2) An employee who has made a request under subsection 204(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to and shall be granted a leave of absence with pay at her regular rate of wages until the employer
(b ) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her,
and that pay shall for all purposes be deemed to be wages.
(3) The onus is on the employer to show that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable.
(4) Where the employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the employer shall so inform the employee in writing.
(5) An employee whose job functions are modified or who is reassigned shall be deemed to continue to hold the job that she held at the time of making the request under subsection 204(1), and shall continue to receive the wages and benefits that are attached to that job.
(6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate.
R.S., 1985, c. L-2, s. 205; R.S., 1985, c. 9 (1st Supp.), s. 9; 1993, c. 42, s. 26.
Entitlement to leave
205.1 An employee who is pregnant or nursing is entitled to and shall be granted a leave of absence during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, if she provides the employer with a certificate of a qualified medical practitioner of her choice indicating that she is unable to work by reason of the pregnancy or nursing and indicating the duration of that inability.
1993, c. 42, s. 26.
Employee's duty to inform employer
205.2 An employee whose job functions have been modified, who has been reassigned or who is on a leave of absence shall give at least two weeks notice in writing to the employer of any change in the duration of the risk or in the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given, and such notice must be accompanied by a new medical certificate.
1993, c. 42, s. 26.
Maternity Leave
Entitlement to leave
206. Every employee who
(b) provides her employer with a certificate of a qualified medical practitioner certifying that she is pregnant
is entitled to and shall be granted a leave of absence from employment of up to seventeen weeks, which leave may begin not earlier than eleven weeks prior to the estimated date of her confinement and end not later than seventeen weeks following the actual date of her confinement.
R.S., 1985, c. L-2, s. 206; R.S., 1985, c. 9 (1st Supp.), s. 10; 1993, c. 42, s. 26.
Parental Leave
Entitlement to leave
206.1 (1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to thirty-seven weeks to care for a new-born child of the employee or a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides.
Period when leave may be taken
(2) The leave of absence may only be taken during the fifty-two week period beginning
(b) in the case of an adoption, on the day the child comes into the actual care of the employee.
Aggregate leave — two employees
(3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same birth or adoption shall not exceed thirty-seven weeks.
1993, c. 42, s. 26; 2000, c. 14, s. 42; 2002, c. 9, s. 17.
Aggregate leave — maternity and parental
206.2 The aggregate amount of leave that may be taken by one or two employees under sections 206 and 206.1 in respect of the same birth shall not exceed fifty-two weeks.
2000, c. 14, s. 42.
Compassionate Care Leave
206.3 (1) The following definitions apply in this section.
common-law partner
«conjoint de fait»
"common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.
family member
«membre de la famille»
"family member", in relation to an employee, means
(b) a child of the employee or a child of the employee's spouse or common-law partner;
(c) a parent of the employee or a spouse or common-law partner of the parent; and
(d) any other person who is a member of a class of persons prescribed for the purposes of this definition or the definition "family member" in subsection 23.1(1) of theEmployment Insurance Act.
qualified medical practitioner
«médecin qualifié »
"qualified medical practitioner" means a person who is entitled to practice medicine under the laws of a jurisdiction in which care or treatment of the family member is provided and includes a member of a class of medical practitioners prescribed for the purposes of subsection 23.1(3) of theEmployment Insurance Act.
"week" means the period between midnight on Saturday and midnight on the immediately following Saturday.
(2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to eight weeks to provide care or support to a family member of the employee if a qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from
(b) if the leave was commenced before the certificate was issued, the day the leave was commenced.
Period when leave may be taken
(3) The leave of absence may only be taken during the period
(i) the first day of the week in which the certificate is issued, or
(ii) if the leave was commenced before the certificate was issued, the first day of the week in which the leave was commenced if the certificate is valid from any day in that week; and
(i) the family member dies, or
(ii) the expiration of 26 weeks following the first day of the week referred to in paragraph (a).
(4) If a shorter period is prescribed by regulation for the purposes of subsection 23.1(5) of the Employment Insurance Act,
( b) that shorter period applies for the purposes of subparagraph (3)(b)(ii).
(5) When a shorter period referred to in subsection (4) has expired in respect of a family member, no further leave may be taken under this section in respect of that family member until the minimum number of weeks prescribed for the purposes of subsection 12(4.3) of theEmployment Insurance Act has elapsed.
Minimum period of leave
(6) A leave of absence under this section may only be taken in periods of not less than one week's duration.
Aggregate leave more than one employee
(7) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care or support of the same family member shall not exceed eight weeks in the period referred to in subsection (3).
(8) If requested in writing by the employer within 15 days after an employee's return to work, the employee must provide the employer with a copy of the certificate referred to in subsection (2).
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2000, c. 15, s. 27.
General
Notification to employer
207.(1) Every employee who intends to take a leave of absence from employment under section 206 or 206.1 shall
( b) inform the employer in writing of the length of leave intended to be taken.
Notice of change in length of leave
(2) Every employee who intends to take or who is on a leave of absence from employment under section 206 or 206.1 shall give at least four weeks notice in writing to the employer of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given.
R.S., 1985, c. L-2, s. 207; R.S., 1985, c. 9 (1st Supp.), s. 10; 1993, c. 42, s. 28.
Prohibition
208. (1) Subject to subsection (2), no employer shall require an employee to take a leave of absence from employment because the employee is pregnant.
(2) An employer may require a pregnant employee to take a leave of absence from employment if the employee is unable to perform an essential function of her job and no appropriate alternative job is available for that employee.
(3) A pregnant employee who is unable to perform an essential function of her job and for whom no appropriate alternative job is available may be required to take a leave of absence from employment only for such time as she is unable to perform that essential function.
(4) The burden of proving that a pregnant employee is unable to perform an essential function of her job rests with the employer.
R.S., 1985, c. L-2, s. 208; R.S., 1985, c. 9 (1st Supp.), s. 10.
Application
208.1 Regardless of the time at which an employee makes a request under section 204, the rights and obligations provided under sections 204 and 205 take precedence over the application of subsection 208(2).
1993, c. 42, s. 29.
Right to notice of employment opportunities
209. Every employee who intends to or is required to take a leave of absence from employment under this Division is entitled, on written request therefor, to be informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on leave of absence from employment and for which the employee is qualified, and on receiving such a request every employer of such an employee shall so inform the employee.
R.S., 1985, c. L-2, s. 209; R.S., 1985, c. 9 (1st Supp.), s. 10.
Resumption of employment in same position
209.1 (1) Every employee who takes or is required to take a leave of absence from employment under this Division is entitled to be reinstated in the position that the employee occupied when the leave of absence from employment commenced, and every employer of such an employee shall, on the expiration of any such leave, reinstate the employee in that position.
(2) Where for any valid reason an employer cannot reinstate an employee in the position referred to in subsection (1), the employer shall reinstate the employee in a comparable position with the same wages and benefits and in the same location.
Wages and benefits affected by reorganization
(3) Where an employee takes leave under this Division and, during the period of that leave, the wages and benefits of the group of employees of which that employee is a member are changed as part of a plan to reorganize the industrial establishment in which that group is employed, that employee is entitled, on being reinstated in employment under this section, to receive the wages and benefits in respect of that employment that that employee would have been entitled to receive had that employee been working when the reorganization took place.
Notice of changes in wages and benefits
(4) The employer of every employee who is on a leave of absence from employment under this Division and whose wages and benefits would be changed as a result of a reorganization referred to in subsection (3) shall notify the employee in writing of that change as soon as possible.
R.S., 1985, c. 9 (1st Supp.), s. 10.
Right to benefits
209.2 (1) The pension, health and disability benefits and the seniority of any employee who takes or is required to take a leave of absence from employment under this Division shall accumulate during the entire period of the leave.
(2) Where contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (1), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, before taking leave or within a reasonable time thereafter, the employee notifies the employer of the employee's intention to discontinue contributions during that period.
(2.1) An employer who pays contributions in respect of a benefit referred to in subsection (1) shall continue to pay those contributions during an employee's leave of absence under this Division in at least the same proportion as if the employee were not on leave unless the employee does not pay the employee's contributions, if any, within a reasonable time.
(3) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (2) and (2.1), the benefits shall not accumulate during the leave of absence and employment on the employee's return to work shall be deemed to be continuous with employment before the employee's absence.
(4) For the purposes of calculating benefits of an employee who takes or is required to take a leave of absence from employment under this Division, other than benefits referred to in subsection (1), employment on the employee's return to work shall be deemed to be continuous with employment before the employee's absence.
R.S., 1985, c. 9 (1st Supp.), s. 10, c. 43 (3rd Supp.), s. 1.; 2001, c. 34, s. 21(F).
Effect of leave
209.21 Notwithstanding the provisions of any incomereplacement scheme or any insurance plan in force at the workplace, an employee who takes a leave of absence under this Division is entitled to benefits under the scheme or plan on the same terms as any employee who is absent from work for healthrelated reasons and is entitled to benefits under the scheme or plan.
1993, c. 42, s. 30.
Status of certificate
209.22 A medical certificate given pursuant to this Division is conclusive proof of the statements contained therein.
1993, c. 42, s. 30.
Prohibition
209.3(1) No employer shall dismiss, suspend, lay off, demote or discipline an employee because the employee is pregnant or has applied for leave of absence in accordance with this Division or take into account the pregnancy of an employee or the intention of an employee to take leave of absence from employment under this Division in any decision to promote or train the employee.
(2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under section 206.3.
R.S., 1985, c. 9 (1st Supp.), s. 10; 2003, c. 15, s. 28.
Regulations
209.4 The Governor in Council may make regulations
(b) specifying what does, or does not, constitute an essential function of a job referred to in section 208; and
(c) specifying what does not constitute a valid reason for not reinstating an employee in the position referred to in subsection 209.1(2).
R.S., 1985, c. 9 (1st Supp.), s. 10; 1993, c. 42, s. 31; 2003, c. 15, s. 29.
Application of section 189
209.5 Section 189 applies for the purposes of this Division.
R.S., 1985, c. 9 (1st Supp.), s. 10.
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Division VIII
Bereavement Leave
Employee entitled
210. (1) Every employee is entitled to and shall be granted, in the event of the death of a member of his immediate family, bereavement leave on any of his normal working days that occur during the three days immediately following the day of the death.
(2) Every employee who has completed three consecutive months of continuous employment by an employer and is entitled to bereavement leave under subsection (1) is entitled to such leave with pay at his regular rate of wages for his normal hours of work, and such pay shall for all purposes be deemed to be wages.
(3) The Governor in Council may make regulations
(b) defining the expressions regular rate of wages and normal hours of work for the purposes of subsection (2); and
(c) for the purposes of this Division, defining the absences from employment that shall be deemed not to have interrupted continuity of employment.
(4) Section 189 applies for the purposes of this Division. 1977-78, c. 27, s. 20; 1980-81-82-83, c. 47, s. 27.
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Division IX
Group Termination of Employment
Definitions
211. In this Division,
joint planning committee
« comité...»
"joint planning committee" means a committee established pursuant to section 214;
redundant employee
« surnumé raire»
"redundant employee" means an employee whose employment is to be terminated pursuant to a notice under section 212;
trade union
« syndicat »
"trade union" means a trade union that is certified under Part I to represent any redundant employee or that is recognized by an employer of any redundant employee as the bargaining agent for that employee. 1980-81-82-83, c. 89, s. 31.
Notice of group termination
212. (1) Any employer who terminates, either simultaneously or within any period not exceeding four weeks, the employment of a group of fifty or more employees employed by the employer within a particular industrial establishment, or of such lesser number of employees as prescribed by regulations applicable to the employer made under paragraph 227( b), shall, in addition to any notice required to be given under section 230, give notice to the Minister, in writing, of his intention to so terminate at least sixteen weeks before the date of termination of the employment of the employee in the group whose employment is first to be terminated.
(2) A copy of any notice given to the Minister under subsection (1) shall be given immediately by the employer to the Minister of Human Resources Development and the Canada Employment Insurance Commission and any trade union representing a redundant employee, and where any redundant employee is not represented by a trade union, a copy of that notice shall be given to the employee or immediately posted by the employer in a conspicuous place within the industrial establishment in which that employee is employed.
(3) A notice referred to in subsection (1) shall set out
(b) the estimated number of employees in each occupational classification whose employment will be terminated; and
(c) such other information as is prescribed by the regulations.
Where employer deemed to terminate employment
(4) Except where otherwise prescribed by regulation, an employer shall, for the purposes of this Division, be deemed to have terminated the employment of an employee where the employer lays off that employee.
R.S., 1985, c. L-2, s. 212; 1996, c. 11, s. 67.
Cooperation with Commission
213. (1) An employer who gives notice to the Minister under section 212 and any trade union to which a copy of that notice is given shall give the Canada Employment Insurance Commission any information requested by it for the purpose of assisting any redundant employee and shall cooperate with the Commission to facilitate the reestablishment in employment of that employee.
(2) An employer who gives notice to the Minister under section 212 shall give each redundant employee, as soon as possible after the notice is so given but in any case not later than two weeks before the date of the termination of the employment of the employee, a statement in writing setting out, as at that date, his vacation benefits, wages, severance pay and any other benefits and pay arising from his employment with that employer.
R.S., 1985, c. L-2, s. 213; 1996, c. 11, s. 99.
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Establishment of joint planning committee
214. (1) An employer who gives notice to the Minister under section 212 shall forthwith thereafter establish a joint planning committee consisting of such number of members as is required or permitted by this section and sections 215 and 217.
(2) A joint planning committee established under subsection (1) shall consist of at least four members.
(3) At least half of the members of a joint planning committee shall be appointed, in accordance with subsections 215(1), (2) and (3), as representatives of the redundant employees and the rest of the members shall be appointed, in accordance with subsection 215(5), as representatives of the employer.
1980-81-82-83, c. 89, s. 32.
Employee representatives
215. (1) Where all redundant employees are represented by a trade union or trade unions, each trade union is entitled to appoint at least one member of the joint planning committee as a representative of the redundant employees it represents.
(2) Where no redundant employees are represented by a trade union, the employees are entitled to appoint all the members of a joint planning committee who are to be their representatives.
(3) Where some but not all redundant employees are represented by a trade union or trade unions,
(b) the employees that are not represented by a trade union are entitled to appoint at least one member of a joint planning committee as their representative.
(4) Each person appointed as a member of a joint planning committee pursuant to subsection (2) or paragraph (3)(b) shall be elected by the redundant employees entitled to appoint the member.
(5) An employer is entitled to appoint, as his representatives on a joint planning committee, a number of members not exceeding the number of members to be appointed to the committee pursuant to subsections (1), (2) and (3). 1980-81-82-83, c. 89, s. 32.
Time for appointment
216. The members of a joint planning committee shall be appointed and shall convene for their first sitting within two weeks after the date of the notice given to the Minister under section 212. 1980-81-82-83, c. 89, s. 32.
Failure to appoint
217. Where a trade union fails, or redundant employees fail, to appoint a member to a joint planning committee as provided in sections 214 and 215, the Minister may, on application of any redundant employee, appoint a member to the committee in lieu of that trade union or those employees, as the case may be, and the member so appointed shall be a representative of the redundant employees represented by the trade union or of the redundant employees who failed to appoint the member, as the case may be. 1980-81-82-83, c. 89, s. 32.
Notice of membership
218. On completion of the appointment of the members of a joint planning committee, the employer shall post the names of those members in a conspicuous place within the industrial establishment in which the redundant employees are employed. 1980-81-82-83, c. 89, s. 32.
Procedure
219. (1) Subject to this Division, a joint planning committee may determine its own procedure.
(2) The members of a joint planning committee shall elect from among themselves two cochairmen, one being a representative of the redundant employees selected by their representatives and the other being a representative of the employer selected by his representatives.
(3) The cochairmen of a joint planning committee may, after consultation with the other members of the committee, fix the time and place of its sittings and shall notify the members of the time and place so fixed.
(4) A majority of the members of a joint planning committee in office, at least half of which majority are representatives of the redundant employees, constitutes a quorum, but the members shall not proceed in the absence of any member of the committee at any sitting unless the absent member has been given reasonable notice of the sitting.
(5) Where any vacancy occurs in the membership of a joint planning committee before the committee has completed its work, the vacancy shall be filled forthwith in the manner provided in this Division for the selection of the person who vacated that membership.
(6) A vacancy in the membership of a joint planning committee does not invalidate the constitution of the committee or impair the right of the members of the committee in office to act, if the number of those members is not less than a quorum.
(7) A decision or other act or thing taken or done by a majority of the members of a joint planning committee present at a sitting of the committee, if the members present constitute a quorum, shall be deemed to have been taken or done by the committee.
R.S., 1985, c. L-2, s. 219; 1998, c.26, s. 61(E).
Wages
220. A member of a joint planning committee is entitled to such time from work as is necessary to attend sittings of the committee or to carry out any other functions as such a member, and any time spent by the member in carrying out any functions as a member shall, for the purpose of calculating wages owing to the member, be deemed to have been spent at his work.
1980-81-82-83, c. 89, s. 32.
Object of joint planning committee
221. (1) It is the object of a joint planning committee to develop an adjustment program to
(b) minimize the impact of the termination of employment on the redundant employees and to assist those employees in obtaining other employment.
(2) In attaining its object under subsection (1), a joint planning committee may, unless the members of the committee agree otherwise, deal only with such matters as are normally the subjectmatter of collective agreement in relation to the termination of employment.
(3) The members of a joint planning committee shall cooperate and make every reasonable effort to develop an adjustment program asexpeditiously as possible.
(4) The employer and any trade union or redundant employees who appointed the members of a joint planning committee shall cooperate with and assist the committee in developing an adjustment program.
1980-81-82-83, c. 89, s. 32.
Supplying of information
222. (1) The employer and any trade union or redundant employees who appointed the members of a joint planning committee shall, on request of any member of the committee, forthwith provide the committee with such personal information relating to any redundant employee as the committee may reasonably require for its work.
(2) An inspector may
(b) attend any sittings of a joint planning committee as an observer.
1980-81-82-83, c. 89, s. 32.
Application to Minister for arbitrator
223. (1) Where all members of a joint planning committee who are representatives of the redundant employees agree to do so or where all members of a joint planning committee who are representatives of the employer agree to do so, those members may, after six weeks from the date of the notice to the Minister under section 212, apply jointly to the Minister for the appointment of an arbitrator if
(b) the committee has completed developing an adjustment program, but those members are not satisfied with the program or any part of the program.
Form and contents of application
(2) An application under subsection (1) shall be in writing and signed by the members making the application and shall set out the matters, if any, in dispute respecting the adjustment program.
1980-81-82-83, c. 89, s. 32.
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Appointment of arbitrator
224. (1) The Minister may, on application under subsection 223(1), appoint an arbitrator to assist the joint planning committee in the development of an adjustment program and to resolve any matters in dispute respecting the adjustment program.
The Minister shall notify and send a statement of matters in dispute
(2) Where an arbitrator is appointed under subsection (1), the Minister shall forthwith
(b) if the application under subsection 223(1) sets out matters in dispute respecting an adjustment program, send to the arbitrator and to the joint planning committee a statement setting out any matters in dispute respecting the adjustment program that the arbitrator is to resolve.
Restriction on matters included instatement
(3) A statement referred to in subsection (2) shall be restricted to such of those matters set out in the application under subsection 223(1) as the Minister deems appropriate and as are normally the subjectmatter of collective agreement in relation to termination of employment.
(4) An arbitrator shall assist the joint planning committee in the development of an adjustment program and the arbitrator, if sent a statement pursuant to subsection (2), shall, within four weeks after receiving the statement or such longer period as the Minister may specify,
(b) render a decision thereon; and
(c) send a copy of the decision with the reasons therefor to the joint planning committee and to the Minister.
(5) An arbitrator may not
(b) delay the termination of employment of the redundant employees.
(6) In relation to any proceeding before an arbitrator under this section, the arbitrator may
(b) administer oaths and solemn affirmations;
(c) receive and accept such evidence and information on oath, affidavit or otherwise as the arbitrator sees fit, whether or not the evidence is admissible in a court of law;
(d) make such examination of documents containing personal information relating to any redundant employee and such inquiries relating to any redundant employee as the arbitrator deems necessary;
(e) require an employer to post and keep posted in appropriate places any notice that the arbitrator considers necessary to bring to the attention of any redundant employees any matter relating to the proceeding; and
(f) authorize any person to do anything described in paragraph (b) or (d) that the arbitrator may do and to report to the arbitrator thereon.
1980-81-82-83, c. 89, s. 32.
Applicable provisions
225. Sections 58 and 66 apply, with such modifications as the circumstances require, in respect of a decision of an arbitrator under section 224 as though it were a decision referred to in those sections. 1980-81-82-83, c. 89, s. 32.
Implementation of adjustment program
226. On completion of the development of an adjustment program, the employer shall implement the program and the joint planning committee and any trade union or redundant employees who appointed the members of the committee shall cooperate with and assist the employer in implementing the program. 1980-81-82-83, c. 89, s. 32.
Regulations
227. 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
(b) requiring employers employing employees in a particular occupational classification, in a particular industry or in an industrial establishment that is within an area or region described in the regulations, to comply with the provisions of this Division in respect of terminations of employment of groups of employees numbering less than fifty but greater than a number prescribed in the regulations;
(c) prescribing information to be set out in a notice referred to in subsection 212(1); and
(d) prescribing circumstances in which a layoff of an employee shall not be deemed to be a termination of his employment by his employer.
R.S., c. 17(2nd Supp.), s. 16.
Waiver of application of Division
228. On the submission of any person, the Minister may, by order and subject to any terms or conditions specified in the order, waive the application of this Division, or any provision thereof, in respect of any industrial establishment or of any class of employees therein specified in the order if it is shown to the satisfaction of the Minister that the application of this Division, or any provision thereof, as the case may be, in respect of any industrial establishment
(b) would be or is unduly prejudicial to the interests of the employer of those employees;
(c) would be or is seriously detrimental to the operation of the industrial establishment; or
(d) is not necessary, because measures for the assistance of redundant employees at that establishment that are substantiallythe same or to the same effect as the measures established by this Division or that provision, as the case may be, have been established by collective agreement or otherwise.
R.S., c. 17(2nd Supp.), s. 16; 1980-81-82-83, c. 89, s. 33.
Application of sections 214 to 226
229. (1) Sections 214 to 226 do not apply in respect of any redundant employees who are represented by a trade union if the trade union and the employer are bound by a collective agreement containing
(i) specify procedures by which any matters relating to the termination of employment in the industrial establishment at which those employees are employed may be negotiated and finally settled, or
(ii) are intended to minimize the impact of termination of employment on the employees represented by the trade union and to assist those employees in obtaining other employment; and
(2) Sections 214 to 226 do not apply in respect of any redundant employees who are represented by a trade union if the termination of the employment of those employees is the result of technological change as defined in subsection 51(1) and sections 52, 54 and 55 apply or would, but for subsection 51(2), apply to the trade union and the employer. 1980-81-82-83, c. 89, s. 33.