Canada Labour Code (R.S.C., 1985, c. L-2)
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Act current to 2022-03-22 and last amended on 2021-12-29. Previous Versions
AMENDMENTS NOT IN FORCE
— 2012, c. 19, s. 432
1998, c. 26, s. 51(2)
432 (1) Paragraphs 111(e) and (f) of the Canada Labour Code are replaced by the following:
(e) prescribing the form and content of a notice under section 71 and prescribing any additional information and documents that are to be furnished with such a notice;
(f) prescribing the form and content of a notice under section 87.2 and prescribing any additional information and documents that are to be furnished with such a notice;
(2) Paragraph 111(i) of the Act is replaced by the following:
(i) prescribing the form and content of any written request to the Minister under subsection 57(2) or (4) and prescribing any additional information and documents that are to be furnished with such a request;
(3) Section 111 of the Act is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (l):
(m) prescribing the form and manner in which a copy of a collective agreement shall be filed with the Minister under subsection 115(1) and prescribing any additional information and documents that are to be filed with it;
(n) prescribing the information and documents that the Minister shall provide to the parties to a collective agreement after the Minister has received a copy of the collective agreement;
(o) prescribing the circumstances in which, and the conditions under which, the parties to a collective agreement are exempted from filing a copy of the collective agreement with the Minister; and
(p) prescribing the circumstances in which, and the conditions under which, a collective agreement may come into force even if no party has filed a copy of it with the Minister.
— 2012, c. 19, s. 433
433 Section 115 of the Act is replaced by the following:
Collective agreement to be filed
115 (1) Subject to the regulations made under paragraph 111(o), each party to a collective agreement shall, immediately after it is entered into, renewed or revised, file one copy of the collective agreement with the Minister.
Coming into force conditional on filing
(2) Subject to the regulations made under paragraph 111(p), the collective agreement may come into force only if at least one party has filed a copy of it with the Minister.
Coming into force of provisions
(3) Once the copy is filed with the Minister, the provisions of the collective agreement come into force on the day or days on which they would have come into force were it not for the requirement under subsection (2), even if those days precede the day on which it is filed.
— 2012, c. 27, s. 35, as amended by 2017, c. 20, s. 268(3) and 2018, c. 27, ss. 530(2), (3)
2000, c. 12
35 On the day on which subsection 107(1) of the Modernization of Benefits and Obligations Act comes into force,
(a) subsections 206.1(1) and (2) of the Canada Labour Code are replaced by the following:
Entitlement to leave
206.1 (1) Subject to subsections (2) and (3), every employee is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for
(a) a new-born child of the employee;
(b) 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; or
(c) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act.
Period when leave may be taken
(2) The leave of absence granted under this section may only be taken during the 78-week period beginning
(a) in the case of a child described in paragraph (1)(a), at the option of the employee, on the day the child is born or comes into the actual care of the employee;
(b) in the case of a child described in paragraph (1)(b), on the day the child comes into the actual care of the employee; and
(c) in the case of a child described in paragraph (1)(c), on the day the requirements referred to in that paragraph are met.
(b) subsection 206.1(3) of the Canada Labour Code is replaced by the following:
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 event, as described in any of paragraphs (1)(a) to (c), shall not exceed 63 weeks.
— 2017, c. 20, s. 350
350 The Act is amended by adding the following after section 154:
Publication
154.1 The Minister may, subject to the regulations, make public the name of an employer convicted of an offence under this Part, the nature of the offence, the punishment imposed and any other prescribed information.
— 2017, c. 20, s. 376
376 The Act is amended by adding the following after section 259.1:
Publication
259.2 The Minister may, subject to the regulations, make public the name of an employer convicted of an offence under this Part, the nature of the offence, the punishment imposed and any other information prescribed by regulation.
— 2018, c. 27, s. 312
2012, c. 27
312 On the first day on which both section 35 of the Helping Families in Need Act has produced its effects and section 310 of this Act is in force, subsection 206.1(3) of the Canada Labour Code is replaced by the following:
Aggregate leave — employees
(3) The aggregate amount of leave that may be taken by more than one employee under this section in respect of the same event, as described in paragraphs (1)(a) to (c), shall not exceed 71 weeks, but the amount of leave that may be taken by one employee under this section in respect of the same event shall not exceed 63 weeks.
— 2018, c. 27, s. 447
447 The heading of Division II of Part III of the Act is replaced by the following:
Minimum Wage and Age of Employment
— 2018, c. 27, s. 448
448 (1) The portion of section 179 of the Act before paragraph (a) is replaced by the following:
Employees under 18 years of age
179 An employer may employ a person under the age of 18 years only
(2) Paragraph 179(a) of the French version of the Act is replaced by the following:
a) que pour exercer les activités prévues par règlement;
— 2018, c. 27, s. 449
449 Paragraph 181(f) of the Act is replaced by the following:
(f) specifying, for the purposes of section 179, the occupations in which persons under the age of 18 years, or any class of persons under that age, may be employed in an industrial establishment and fixing the conditions of that employment; and
— 2018, c. 27, s. 451
451 The heading of Division III of Part III of the Act is replaced by the following:
Equal Treatment
— 2018, c. 27, s. 452
452 The Act is amended by adding the following after section 182:
Prohibition — rate of wages
182.1 (1) An employer is prohibited from paying one employee a rate of wages that is less than the rate paid to another of that employer’s employees due to a difference in their employment status, if
(a) they work in the same industrial establishment;
(b) they perform substantially the same kind of work;
(c) the performance of that work requires substantially the same skill, effort and responsibility;
(d) their work is performed under similar working conditions; and
(e) any other factor that may be prescribed by regulation is present.
Exception
(2) Subsection (1) does not apply if the difference in employees’ rates of wages is due to a system based on
(a) seniority;
(b) merit;
(c) the quantity or quality of each employee’s production; or
(d) any other criterion that may be prescribed by regulation.
Prohibition — reduction in rate of wages
(3) An employer is prohibited from reducing an employee’s rate of wages in order to comply with subsection (1).
Request for review
182.2 (1) If an employee who believes that their rate of wages does not comply with subsection 182.1(1) makes a written request to the employer for a review of the rate, the employer must, within 90 days after receiving the request, conduct a review of the employee’s rate of wages and provide the employee with a written response that includes
(a) a statement that the employer has increased their rate of wages in order to comply with subsection 182.1(1); or
(b) a statement, including reasons, that the employee’s current rate of wages complies with subsection 182.1(1).
Payment of wages
(2) If an employer increases an employee’s rate of wages in order to comply with subsection 182.1(1), the employer must pay the employee an amount equal to the difference between the two rates of wages from the day on which the employee makes their request under subsection (1) to the day on which the employer starts paying the employee the increased rate of wages.
Prohibition — dismissal etc.
(3) An employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee has made a request under subsection (1) or taking such a request into account in any decision to promote or train the employee.
Notice of employment opportunities
182.3 If an employer carries out a practice of informing employees of employment or promotion opportunities in writing, the employer must inform all their employees, regardless of their employment status.
Regulations
182.4 The Governor in Council may make regulations
(a) defining any term for the purposes of this Division;
(b) setting out factors for the purpose of paragraph 182.1(1)(e);
(c) setting out criteria for the purpose of paragraph 182.1(2)(d);
(d) modifying the provisions of section 182.1 or 182.2 for the purpose of the application of this Division to any class of employees; and
(e) exempting any class of employees from the application of section 182.1 or 182.2.
— 2018, c. 27, s. 457(2)
457 (2) Subsection 189(1.5) of the Act is replaced by the following:
Exception
(1.5) For the purposes of an employee’s employment by the second employer, this section does not apply in respect of the calculation of the employee’s entitlement under section 230, if the first employer complied with subsection 212.1(1) or section 230, as the case may be, in respect of their employment by that employer.
— 2018, c. 27, s. 460
460 Paragraph 203(2)(b) of the Act is replaced by the following:
(b) modifying, to the extent that the Governor in Council considers necessary, the provisions of Division I.1, IV, V, VII, VIII, IX, 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.
— 2018, c. 27, s. 461
461 The Act is amended by adding the following after section 203:
DIVISION VI.1Temporary Help Agencies
Application
203.01 This Division applies to an employer who is a temporary help agency and to those of its employees who perform work assignments in its clients’ industrial establishments.
Prohibition
203.1 (1) An employer is prohibited from
(a) charging a fee to a person in connection with him or her becoming its employee;
(b) charging a fee to its employee for assigning or attempting to assign him or her to perform work for a client;
(c) charging a fee to its employee for any assignment or job preparation services, including assisting him or her in preparing resumes or preparing for job interviews;
(d) charging a fee to its employee for him or her establishing an employment relationship with one of its clients;
(e) charging a fee to a client for establishing an employment relationship with an employee if the day on which the employee’s first assignment with the client started is more than six months before the day on which the client establishes the employment relationship with the employee; and
(f) preventing or attempting to prevent an employee from establishing an employment relationship with a client.
Payment
(2) If an employee pays any fee described in any of paragraphs (1)(a) to (d), the employer must pay to the employee an amount equal to that fee.
Equal treatment
203.2 (1) An employer is prohibited from paying an employee a rate of wages that is less than the rate the client pays to its employee if
(a) they work in the same industrial establishment;
(b) they perform substantially the same kind of work;
(c) the performance of that work requires substantially the same skill, effort and responsibility;
(d) their work is performed under similar working conditions; and
(e) any other factor that may be prescribed by regulation is present.
Exception
(2) Subsection (1) does not apply if the difference in employees’ rates of wages is due to a system based on
(a) seniority;
(b) merit;
(c) the quantity or quality of each employee’s production; or
(d) any other criterion that may be prescribed by regulation.
Prohibition — reduction in rate of wages
(3) A client is prohibited from reducing their employee’s rate of wages in order to enable the employer to comply with subsection (1).
Request for review
203.3 (1) If an employee who believes that their rate of wages does not comply with subsection 203.2(1) makes a written request to the employer for a review of the rate, the employer must, within 90 days after receiving the request, conduct a review of the employee’s rate of wages and provide the employee with a written response that includes
(a) a statement that the employer has increased their rate of wages in order to comply with subsection 203.2(1); or
(b) a statement, including reasons, that the employer has not increased their rate of wages.
Payment of wages
(2) If an employer increases an employee’s rate of wages in order to comply with subsection 203.2(1), the employer must pay the employee an amount equal to the difference between the two rates of wages from the day on which the employee makes their request under subsection (1) to the date on which the employer starts paying the employee the increased rate of wages.
Prohibition — dismissal etc.
(3) An employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee has made a request under subsection (1) or taking such a request into account in any decision to promote or train the employee or to provide an assignment to them.
Inspections and complaints
203.4 If an inspection that relates to an employer’s compliance with this Division is carried out under this Part or a complaint is made under section 251.01(1) that relates to the contravention of this Division by the employer, section 249 applies in respect of the employer’s clients as if they were the employer.
Regulations
203.5 The Governor in Council may make regulations
(a) defining any term for the purposes of this Division;
(b) setting out factors for the purpose of paragraph 203.2(1)(e);
(c) setting out criteria for the purpose of paragraph 203.2(2)(d);
(d) modifying the provisions of any section of this Division for the purpose of the application of this Division to any class of employees; and
(e) exempting any class of employees from the application of any provision of this Division.
— 2018, c. 27, s. 478
478 (1) The definition redundant employee in section 211 of the Act is replaced by the following:
- redundant employee
redundant employee means an employee whose employment is terminated in a group termination of employment or whose employment is to be terminated in accordance with a notice under subsection 212(1). (surnuméraire)
(2) Section 211 of the Act is amended by adding the following in alphabetical order:
- group notice period
group notice period means the 16-week period preceding the group termination period. (période de préavis de licenciement collectif)
- group termination of employment
group termination of employment means the termination by an employer, either simultaneously or within any four-week period, determined in accordance with any regulations, of the employment of a group of 50 or more employees — or of any lesser number of employees that is prescribed by regulations that are applicable to the employer — within a particular industrial establishment. (licenciement collectif)
- group termination period
group termination period means the four-week period, determined in accordance with any regulations, starting on the date of the first termination of employment identified in a notice of group termination of employment given under subsection 212(1). (période de licenciement collectif)
(3) Section 211 of the Act is renumbered as subsection 211(1) and is amended by adding the following:
Application
(2) For the purposes of this Division, if an employer gives notice under subsection 212(1) and the number of redundant employees whose employment is terminated is less than 50 — or any lesser number that is prescribed by regulations that are applicable to the employer — the termination of those employees is deemed to be a group termination of employment.
— 2018, c. 27, s. 479
479 Subsections 212(1) and (2) of the Act are replaced by the following:
Notice — Minister
212 (1) An employer must give notice to the Minister, in writing, of any group termination of employment at least 16 weeks before the first date of termination of employment of an employee in the group.
Exception
(1.1) If an employer terminates the employment of at least 50 employees — or any lesser number that is prescribed by regulations that are applicable to the employer — on the same day and pays them at least 16 weeks’ wages under paragraph 212.1(1)(b), the group notice period is deemed to begin on that day and the notice referred to in subsection (1) is to be given at least 48 hours before that date.
Copy of notice
(2) A copy of any notice given under this section must be given immediately by the employer to the Minister of Employment and Social Development and the Canada Employment Insurance Commission.
Copy of notice — union and redundant employee
(2.1) Subject to subsection (2.2), the employer must immediately give a copy of any notice given under subsection (1) to any trade union representing a redundant employee, and if any redundant employee is not represented by a trade union, a copy of that notice must be given immediately to the employee or immediately posted by the employer in a conspicuous place within the industrial establishment in which that employee is employed.
Copy of notice — subsection (1.1)
(2.2) If subsection (1.1) applies, the employer must give a copy of the notice to any trade union representing a redundant employee referred to in that subsection on the date of the group termination of employment.
— 2018, c. 27, s. 480
480 Section 213 of the Act is replaced by the following:
Redundant employee — employment terminated
212.1 (1) In addition to giving notice under section 212, the employer must give each redundant employee whose employment is terminated during the group notice period or the group termination period
(a) notice in writing of the employer’s intention to terminate their employment on a date specified in the notice, which cannot be before the day after the group notice period ends, at least eight weeks before that date;
(b) wages in lieu of notice, at their regular rate of wages for their regular hours of work, for at least eight weeks or, if it is greater, the number of weeks between the day on which their employment is terminated and the day on which the group notice period ends; or
(c) any combination of notice and amounts of wages in lieu of notice so that the total of the number of weeks of notice in writing and the number of weeks for which wages are paid in lieu of notice is equivalent to at least eight weeks or, if it is greater, the number of weeks between the day on which the redundant employee is given notice of the date of the termination of their employment and the day on which the group notice period ends.
Failure to give group notice
(2) For the purposes of calculating a redundant employee’s entitlement under subsection (1), if an employer does not give notice under section 212, the group notice period is deemed to start on the earlier of the day on which the redundant employee receives written notice of the termination of their employment and the day of the termination of the employment of the redundant employee.
Insufficient group notice
(3) For the purposes of calculating a redundant employee’s entitlement under subsection (1), if an employer gives notice under subsection 212(1) fewer than 16 weeks before the date of the termination of the employment of the redundant employee, the group notice period is deemed to start on the earlier of the day on which the employer gives notice under that subsection and the day on which the redundant employee receives written notice of the termination of their employment.
Collective agreement
(4) If an employer is bound by a collective agreement that contains a provision authorizing a redundant employee to displace another employee on the basis of seniority, the displaced employee is a redundant employee for the purposes of this Division.
Notice
(5) If a redundant employee displaces another employee, the employer must give the displaced redundant employee notice under subsection (1) and must give a copy of that notice to the trade union that is a party to the collective agreement.
Conditions of employment
(6) If an employer gives notice under paragraph (1)(a) or (c), the employer
(a) is prohibited from reducing the rate of wages or altering any other term or condition of employment of the redundant employee except with the written consent of that employee; and
(b) must, between the time when the notice is given and the day on which the employee’s employment is terminated, pay to them their regular rate of wages for their regular hours of work.
Expiration of notice
(7) If a redundant employee to whom notice is given under paragraph (1)(a) or (c) continues to be employed by the employer for more than two weeks after the date specified in the notice, the employer is prohibited from terminating the employment of the employee, unless
(a) it is with their written consent;
(b) it is by way of dismissal for just cause;
(c) it is a termination of employment under another group termination and the employer complies with this Division; or
(d) it is an individual termination of employment and the employer complies with Division X.
Statement of benefits
(8) An employer must give each redundant employee whose employment is terminated a statement in writing that sets out their vacation benefits, wages, severance pay and any other benefits and pay arising from their employment with the employer as at the date of the statement. The statement must be given to the employee
(a) in the case of an employee who receives notice under paragraph (1)(a), as soon as possible, but not later than two weeks before the date of the termination of their employment;
(b) in the case of an employee who receives wages in lieu of notice under paragraph (1)(b), not later than the date of the termination of their employment; and
(c) in the case of an employee who receives a combination of notice and wages in lieu of notice under paragraph (1)(c), as soon as possible, but not later than two weeks before the date of the termination of their employment unless the period of notice is shorter, in which case, the day on which notice is given to the employee of the date of the termination of their employment.
Cooperation with Commission
213 An employer who carries out a group termination and any trade union representing a redundant employee must give the Canada Employment Insurance Commission any information requested by it for the purpose of assisting any redundant employee and must cooperate with the Commission to facilitate the re-establishment in employment of that employee.
Transitional support measures
213.1 (1) Unless the employer gives a redundant employee referred to in subsection 212.1(1) notice under paragraph 212.1(1)(a), they must provide the transitional support measures set out in the regulations to that redundant employee.
Amount payable
(2) If an employer fails to provide the transitional support measures required under subsection (1), the redundant employee is entitled to be paid an amount equal to the prescribed value of those measures.
— 2018, c. 27, s. 481
481 (1) Section 227 of the Act is amended by adding the following after paragraph (a):
(a.1) prescribing circumstances where an employer is exempted from the application of a provision of this Division and any measure that that employer must take in respect of redundant employees;
(2) Section 227 of the Act is amended by adding the following after paragraph (b):
(b.1) establishing the method of determining the four-week period referred to in the definition group termination of employment;
(b.2) establishing the method of determining the four-week period referred to in the definition group termination period;
(3) Section 227 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (d):
(e) defining the expressions “regular rate of wages” and “regular hours of work”; and
(f) respecting transitional support measures to be provided under section 213.1, including establishing the value of those measures for the purposes of subsection 213.1(2).
— 2018, c. 27, s. 482
482 Section 228 of the Act is repealed.
— 2018, c. 27, s. 483
483 The Act is amended by adding the following after the heading of Division X of Part III of the Act:
Application
229.1 This Division does not apply to an employee whose termination of employment is by way of dismissal for just cause.
— 2018, c. 27, s. 484
484 Section 229.1 of the Act is replaced by the following:
Application
229.1 This Division does not apply to an employee
(a) who is a redundant employee to whom subsection 212.1(1) applies; or
(b) whose termination of employment is by way of dismissal for just cause.
— 2018, c. 27, s. 485
485 Subsections 230(1) and (2) of the Act are replaced by the following:
Employer’s duty
230 (1) An employer who terminates the employment of an employee must give the employee
(a) notice in writing of the employer’s intention to terminate their employment on a date specified in the notice, at least the applicable number of weeks set out in subsection (1.1) before that date;
(b) wages in lieu of notice, at their regular rate of wages for their regular hours of work, for at least the applicable number of weeks set out in subsection (1.1); or
(c) any combination of notice and amounts of wages in lieu of notice so that the total of the number of weeks of notice in writing and the number of weeks for which wages are paid in lieu of notice is equivalent to at least the applicable number of weeks set out in subsection (1.1).
Notice period
(1.1) The applicable number of weeks for the purposes of subsections (1) and (2) is
(a) two weeks, if the employee has completed at least three consecutive months of continuous employment with the employer;
(b) three weeks, if the employee has completed at least three consecutive years of continuous employment with the employer;
(c) four weeks, if the employee has completed at least four consecutive years of continuous employment with the employer;
(d) five weeks, if the employee has completed at least five consecutive years of continuous employment with the employer;
(e) six weeks, if the employee has completed at least six consecutive years of continuous employment with the employer;
(f) seven weeks, if the employee has completed at least seven consecutive years of continuous employment with the employer; and
(g) eight weeks, if the employee has completed at least eight consecutive years of continuous employment with the employer.
Notice to trade union
(2) If an employer is bound by a collective agreement that contains a provision authorizing an employee whose position becomes redundant to displace another employee on the basis of seniority, and the position of an employee who is so authorized becomes redundant, the employer must give at least the applicable number of weeks’ notice set out in subsection (1.1) in writing to the trade union that is a party to the collective agreement and to the employee that the employee’s position has become redundant.
Rights of displaced employee
(2.1) For greater certainty, any employee who is displaced and whose employment is terminated is entitled to and shall be given notice or wages in lieu of notice under subsection (1).
Statement of benefits
(2.2) An employer must give any employee whose employment is terminated a statement in writing that sets out their vacation benefits, wages, severance pay and any other benefits and pay arising from their employment with the employer as at the date of the statement. The statement must be given to the employee
(a) in the case of an employee who receives notice under paragraph (1)(a), as soon as possible, but not later than two weeks before the date of the termination of their employment;
(b) in the case of an employee who receives wages in lieu of notice under paragraph (1)(b), not later than the date of the termination of their employment; and
(c) in the case of an employee who receives a combination of notice and wages in lieu of notice under paragraph (1)(c), as soon as possible, but not later than two weeks before the date of the termination of their employment unless the period of notice is shorter, in which case, the day on which notice is given to the employee of the date of the termination of their employment.
— 2018, c. 27, s. 486
486 The Act is amended by adding the following after section 238:
DIVISION XII.1Reimbursement of Work-related Expenses
Entitlement
238.1 (1) Subject to subsection (2), an employee is entitled to and the employer shall provide reimbursement of reasonable work-related expenses.
Exception
(2) An employee is not entitled to be reimbursed for
(a) an expense that is ineligible under any regulation made under this Division;
(b) in the case of an employee who is subject to a collective agreement, an expense that the employee is required to pay in accordance with the collective agreement or any other written agreement between the trade union and the employer; or
(c) in the case of an employee who is not subject to a collective agreement, an expense that the employee is required to pay in accordance with any written agreement between themselves and the employer.
Payment
(3) The employer shall pay the employee any amount that is payable under this section
(a) in the case of an employee who is subject to a collective agreement, within the time limit set out under the collective agreement or any other written agreement between the trade union and the employer;
(b) in the case of an employee who is not subject to a collective agreement, within the time limit set out under a written agreement between themselves and the employer; and
(c) in any other case, within the time limit prescribed by regulation.
Regulations
238.2 The Governor in Council may make regulations for the purposes of this Division including regulations prescribing factors to consider in determining if an expense is or is not work-related and prescribing factors to consider in determining if an expense is or is not reasonable.
— 2018, c. 27, s. 493, as amended by 2020, c. 5, s. 44
493 Paragraph 246.1(1)(a) of the Act is replaced by the following:
(a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4), 177.1(7), 182.2(3) or 203.3(3) or of section 208, 209.3, 238, 239, 239.01, 239.1 or 247.96;
— 2018, c. 27, s. 498
498 (1) Section 251.01 of the Act is amended by adding the following after subsection (1):
Restriction
(1.1) If an employee made a request under subsection 182.2(1) or 203.3(1), they are prohibited from making a complaint in respect of a contravention of subsection 182.1(1) or 203.2(1), as the case may be, until the earlier of the day on which the period set out in the subsection under which they made the request expires and the day on which they receive the employer’s response under that subsection.
(2) Section 251.01 of the Act is amended by adding the following after subsection (2):
Complaints — equal treatment
(2.1) Despite subsection (2), a complaint in respect of a contravention of subsection 182.1(1) or 203.2(1) shall be made within six months from
(a) in the case of an employee who made a request under subsection 182.2(1) or 203.3(1), the earlier of the day on which the complainant received the employer’s response and the day on which the period set out in the subsection under which they made the request expires; and
(b) in any other case, the day on which the complainant knew, or in the inspector’s opinion ought to have known, of the action or circumstances giving rise to the complaint.
(3) The portion of subsection 251.01(3) of the Act before paragraph (a) is replaced by the following:
Extension of time
(3) The Minister may, subject to the regulations, extend the period set out in subsection (2) or (2.1)
(4) [In force]
(5) Subsection 251.01(4) of the Act is replaced by the following:
Exception
(4) Despite subsection (3.1), the employee may file a complaint under subsection (1) if it relates only to the payment of their wages or other amounts to which they are entitled under this Part, including amounts referred to in subsections 212.1(1), 230(1) and 235(1), and that complaint is suspended until the day on which the complaint made under subsection 240(1), 246.1(1) or 247.99(1), as the case may be, is withdrawn or resolved.
— 2018, c. 27, s. 501
501 Section 251.1 of the Act is amended by adding the following after subsection (1.1):
Equal treatment
(1.2) Despite subsection (1.1), if a complaint is made in respect of a contravention of subsection 182.1(1) or 203.2(1), any payment order respecting that complaint may only take into account the difference in wages from the earlier of the day on which the complaint is made and the day on which the employee makes a request under subsection 182.2(1) or 203.3(1).
— 2018, c. 27, s. 502
502 The Act is amended by adding the following after section 253:
Information Related to Employment
Copy — employee
253.1 (1) An employer must, within the first 30 days of an employee’s employment, provide the employee with a copy of any materials that the Minister makes available and that contains information respecting employers’ and employees’ rights and obligations under this Part and, within 30 days after updated materials are made available, provide the employee with a copy of the updated materials.
Materials to be posted
(2) An employer must post and keep posted the most recent version of the materials referred to in subsection (1), in readily accessible places where it is likely to be seen by employees.
Termination
(3) If an employee’s employment is terminated by the employer, the employer must, not later than the last day of the employee’s employment, provide the employee with a copy of the most recent version of the materials referred to in subsection (1) that relate to terminations of employment.
Employment statement
253.2 (1) An employer must, within the first 30 days of an employee’s employment, provide the employee with a written statement containing information relating to their employment that is prescribed by regulation.
Updated information
(2) An employer must provide an employee with an updated employment statement within 30 days after any change is made to the information contained in the last statement that was provided to the employee.
Employer’s duties
(3) An employer must retain a copy of any employment statement provided under this section for 36 months after the employee’s employment with the employer ends and, on request, the employee must be provided with additional copies.
Regulations
(4) The Governor in Council may make regulations prescribing the information that must be included in a employment statement provided under this section.
— 2018, c. 27, s. 505(3)
505 (3) Paragraph 264(1)(e.1) of the Act is replaced by the following:
(e.1) respecting the calculation and payment of the wages and other amounts to which an employee whose wages are paid on a commission basis, on a salary plus commission basis or on any other basis other than time is entitled to under Divisions V, VII, VIII, IX, X and XI;
— 2018, c. 27, s. 517
Section 179 of Canada Labour Code
517 Section 179 of the Canada Labour Code, as enacted by section 448 of this Act, applies to each person who, on the day on which that section 448 comes into force, is 17 years of age and is employed by an employer as if they were 18 years of age so long as they remain employed by that employer in the position they held on that day.
— 2018, c. 27, s. 518
Section 182.1 of Canada Labour Code
518 If a collective agreement that is in effect on the day on which section 452 of this Act comes into force contains a provision that permits differences in rates of wages based on employment status and there is a conflict between that provision and section 182.1 of the Canada Labour Code, as enacted by that section 452, the provision of the collective agreement prevails to the extent of the conflict until the day that is two years after the day on which that section 452 comes into force.
— 2018, c. 27, s. 520
Section 203.2 of Canada Labour Code
520 If a collective agreement that is in effect on the day on which section 461 of this Act comes into force contains a provision that permits differences in rates of wages between employees of a temporary help agency and rates of wages paid to their client’s employees and there is a conflict between that provision and section 203.2 of the Canada Labour Code, as enacted by that section 461, the provision of the collective agreement prevails to the extent of the conflict until the day that is two years after the day on which that section 461 comes into force.
— 2018, c. 27, s. 521
Group termination of employment
521 If an employer gives notice under subsection 212(1) of the Canada Labour Code before the day on which section 479 of this Act comes into force, Divisions IX and X of Part III of the Canada Labour Code, as they read on the day on which that notice was given, applies to the employer and to the employees affected by the terminations of employment set out in that notice.
— 2018, c. 27, s. 522
Individual termination of employment
522 If an employer gives notice to an employee under paragraph 230(1)(a) of the Canada Labour Code before the day on which section 485 of this Act comes into force, Division X of Part III of the Canada Labour Code, as it read immediately before that coming into force, applies to the employer and to the employee in respect of that individual termination of employment.
— 2018, c. 27, s. 523
Reimbursement of work-related expenses
523 Division XII.1 of the Canada Labour Code applies only in respect of expenses incurred on or after the day on which section 486 of this Act comes into force.
— 2018, c. 27, s. 527
Subsection 253.1(1) of Canada Labour Code
527 An employer must, within 90 days after the later of the day on which section 502 of this Act comes into force and the day on which materials are first made available under subsection 253.1(1) of the Canada Labour Code, provide their employees with a copy of the materials referred to in that subsection.
— 2018, c. 27, s. 528
Subsection 253.2(4) of Canada Labour Code
528 If, before the day on which the first regulation made under subsection 253.2(4) of the Canada Labour Code, as enacted by section 502 of this Act, comes into force, an employer has not provided an employee with a written statement containing the information set out in the regulation, the employer must, within 90 days after that coming into force, provide the employee with such a statement.
— 2018, c. 27, ss. 622(1), (6) to (8)
This Act
622 (1) On the first day on which both section 479 and subsection 574(1) are in force, subsection 212(1) of the Canada Labour Code is replaced by the following:
Notice — Head
212 (1) An employer must give notice to the Head, in writing, of any group termination of employment at least 16 weeks before the first date of termination of employment of an employee in the group.
(6) On the first day on which both subsection 498(2) and section 535 are in force, paragraph 251.01(2.1)(b) of the Canada Labour Code is replaced by the following:
(b) in any other case, the day on which the complainant knew, or in the Head’s opinion ought to have known, of the action or circumstances giving rise to the complaint.
(7) On the first day on which both subsections 498(3) and 591(2) are in force, the portion of subsection 251.01(3) of the Canada Labour Code before paragraph (a) is replaced by the following:
Extension of time
(3) The Head may, subject to the regulations, extend the period set out in subsection (2) or (2.1)
(8) On the first day on which both section 502 and section 535 are in force, subsection 253.1(1) of the Canada Labour Code is replaced by the following:
Copy — employee
253.1 (1) An employer must, within the first 30 days of an employee’s employment, provide the employee with a copy of any materials that the Head makes available and that contains information respecting employers’ and employees’ rights and obligations under this Part and, within 30 days after updated materials are made available, provide the employee with a copy of the updated materials.
— 2020, c. 5, ss. 45(1), (3)
2018, c. 27
45 (1) In this section, other Act means the Budget Implementation Act, 2018, No. 2.
(3) If subsection 43(2) of this Act comes into force before section 493 of the other Act, then, on the day on which that section 493 comes into force, paragraph 246.1(1)(a) of the Canada Labour Code is replaced by the following:
(a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4), 177.1(7), 182.2(3) or 203.3(3) or of section 208, 209.3, 238, 239, 239.1 or 247.96;
— 2021, c. 23, s. 340
340 (1) Subsection 187.1(1) of the Canada Labour Code is replaced by the following:
Interruption
187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1).
(2) Subsection 187.1(3) of the Act is replaced by the following:
Application of subsection 239(7)
(3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work.
— 2021, c. 23, s. 341
341 Subsection 187.2(1) of the Act is replaced by the following:
Postponement
187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1), ends.
— 2021, c. 23, s. 342
342 (1) Subsection 206.1(2.1) of the Act is replaced by the following:
Extension of period
(2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
(2) Subsection 206.1(2.4) of the Act is replaced by the following:
Interruption
(2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
(3) Subsection 206.1(4) of the Act is replaced by the following:
Exception — medical leave
(4) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1).
— 2021, c. 23, s. 343
343 (1) Subsection 207.02(1) of the Act is replaced by the following:
Interruption
207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1).
(2) Subsection 207.02(3) of the Act is replaced by the following:
Exception — medical leave
(3) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1).
— 2021, c. 23, s. 344
344 (1) The portion of subsection 239(1) of the Act before paragraph (a) is replaced by the following:
Entitlement to leave
239 (1) Every employee is entitled to and shall be granted a medical leave of absence from employment of up to 27 weeks as a result of
(2) Subsection 239(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) quarantine.
(3) Subsection 239(1.1) of the Act is repealed.
— 2021, c. 23, s. 345, as amended by 2021, c. 26, s. 26
An Act to provide further support in response to COVID-19
345 On the first day on which both subsection 340(1) of this Act and subsection 20(2) of An Act to provide further support in response to COVID-19 are in force
(a) subsection 187.1(1) of the Canada Labour Code is replaced by the following:
Interruption
187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or 239.1(1).
(b) subsection 187.2(1) of the Canada Labour Code is replaced by the following:
Postponement
187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or 239.1(1), ends.
(c) subsection 206.1(2.1) of the Canada Labour Code is replaced by the following:
Extension of period
(2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
(d) subsection 206.1(2.4) of the Canada Labour Code is replaced by the following:
Interruption
(2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
(e) subsection 207.02(1) of the Canada Labour Code is replaced by the following:
Interruption
207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or 239.1(1).
— 2021, c. 26, s. 20
20 (1) [In force]
(2) Subsection 187.1(1) of the Act is replaced by the following:
Interruption
187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1).
(3) [In force]
(4) Subsection 187.1(3.1) of the Act is repealed.
— 2021, c. 26, s. 21(2)
21 (2) Subsection 187.2(1) of the Act is replaced by the following:
Postponement
187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1), ends.
— 2021, c. 26, s. 22
22 (1) [In force]
(2) Subsection 206.1(2.1) of the Act is replaced by the following:
Extension of period
(2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
(3) [In force]
(4) Subsection 206.1(2.4) of the Act is replaced by the following:
Interruption
(2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
(5) [In force]
(6) Subsection 206.1(4.1) of the Act is repealed.
— 2021, c. 26, s. 23
23 (1) [In force]
(2) Subsection 207.02(1) of the Act is replaced by the following:
Interruption
207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1).
(3) [In force]
(4) Subsection 207.02(3.1) of the Act is repealed.
— 2021, c. 26, s. 24(2)
24 (2) Division XIII.01 of the Act is repealed.
— 2021, c. 26, s. 25(2)
25 (2) Paragraph 246.1(1)(a.1) of the Act is repealed.
— 2021, c. 26, s. 28
2020, c. 12, s. 2
28 (1) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as amended by section 17 of this Act, amends, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection, and no regulation has been made on or before May 7, 2022 under that section 24.1 to amend, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection, then paragraph 239.01(1)(b) of the Canada Labour Code ceases to apply on May 7, 2022.
(2) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as amended by section 17 of this Act, amends, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection, then, on the day on which the regulation comes into force,
(a) the date set out in subsection 29(1) of this Act is replaced by the date set out in that subsection 10(1), as amended by that regulation; and
(b) the date set out in subsection 29(2) of this Act is replaced by the date of the day after the date set out in that subsection 10(1), as amended by that regulation.
(3) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as amended by section 17 of this Act, amends, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection, and no regulation has been made on or before May 7, 2022 under that section 24.1 to amend, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection, then paragraph 239.01(1)(a) of the Canada Labour Code ceases to apply on May 7, 2022.
(4) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as amended by section 17 of this Act, amends, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection, then, on the day on which the regulation comes into force,
(a) the date set out in subsection 29(1) of this Act is replaced by the date set out in that subsection 17(1), as amended by that regulation; and
(b) the date set out in subsection 29(2) of this Act is replaced by the date of the day after the date set out in that subsection 17(1), as amended by that regulation.
(5) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as amended by section 17 of this Act, amends, in accordance with that section 24.1, subsections 10(1) and 17(1) of that Act to replace the date set out in those subsections with a date that is the same in both subsections, then subsection (4) does not apply.
(6) If a regulation made under section 24.1 of the Canada Recovery Benefits Act, as amended by section 17 of this Act, amends, in accordance with that section 24.1, subsection 10(1) of that Act to replace the date set out in that subsection and a regulation made under that section 24.1 amends, in accordance with that section 24.1, subsection 17(1) of that Act to replace the date set out in that subsection 17(1) and the dates in the amendments are not the same, then, on the first day on which both those regulations are in force,
(a) if the later of the dates, as amended by one of the regulations, is the date set out in that subsection 17(1),
(i) subsection (2) is deemed never to have applied, and
(ii) paragraph 239.01(1)(a) of the Canada Labour Code ceases to apply on the date set out in that subsection 10(1), as amended by the regulation; and
(b) if the later of the dates, as amended by one of the regulations, is the date set out in that subsection 10(1),
(i) subsection (4) is deemed never to have applied, and
(ii) paragraph 239.01(1)(b) of the Canada Labour Code ceases to apply on the date set out in that subsection 17(1), as amended by the regulation.
— 2021, c. 27, s. 6
6 Paragraph 206.6(1)(a) of the Canada Labour Code is repealed.
— 2021, c. 27, s. 6.1
6.1 Subsection 210(1) of the Act is replaced by the following:
Employee entitled
210 (1) Except when subsection (1.01) or (1.02) applies, every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family or a family member in respect of whom the employee is, at the time of the death, on leave under section 206.3 or 206.4, a leave of absence from employment of up to 10 days that may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that deceased person occurs.
Employee entitled — child
(1.01) Every employee is entitled to and shall be granted, in the event of the death of a child of the employee or the death of a child of their spouse or common-law partner, a leave of absence from employment of up to eight weeks that may be taken during the period that begins on the day on which the death occurs and ends 12 weeks after the latest of the days on which any funeral, burial or memorial service of the child occurs.
Employee entitled — stillbirth
(1.02) Every employee is entitled to and shall be granted, in the event of a stillbirth experienced by them or their spouse or common-law partner or where they would have been a parent, as defined in subsection 206.7(1), of the child born as a result of the pregnancy, a leave of absence from employment of up to eight weeks that may be taken during the period that begins on the day on which the stillbirth occurs and ends 12 weeks after the latest of the days on which any funeral, burial or memorial service in respect of the stillbirth occurs.
Definitions
(1.03) The following definitions apply in subsections (1.01) and (1.02).
- child
child means
(a) a person who is under 18 years of age; or
(b) a person in respect of whom the employee or their spouse or common-law partner, as the case may be, is entitled to the Canada caregiver credit under paragraph 118(1)(d) of the Income Tax Act. (enfant)
- stillbirth
stillbirth means the complete expulsion or extraction of a fetus from a person on or after the twentieth week of pregnancy or after the fetus has attained at least 500 g, without any breathing, beating of the heart, pulsation of the umbilical cord or movement of voluntary muscle from the fetus after the expulsion or extraction. (mortinaissance)
— 2021, c. 27, s. 7
7 (1) Subsection 239(2) of the Act is replaced by the following:
Leave with pay
(1.2) An employee earns,
(a) in the case of an employee whose employment with an employer begins on or before the day on which this subsection comes into force, in the calendar year in which this subsection comes into force, after completing 30 days of continuous employment with the employer, three days of medical leave of absence with pay and, after 60 days of continuous employment with the employer, at the beginning of each month after completing one month of continuous employment with the employer, one day of medical leave of absence with pay, up to a maximum of 10 days;
(b) in the case of an employee whose employment with an employer begins after the day on which this subsection comes into force, in the calendar year during which they were employed, after completing 30 days of continuous employment with the employer, three days of medical leave of absence with pay and, after 60 days of continuous employment with the employer, at the beginning of each month after completing one month of continuous employment with the employer, one day of medical leave of absence with pay, up to a maximum of 10 days; and
(c) in each subsequent calendar year, at the beginning of each month after completing one month of continuous employment with the employer, one day of medical leave of absence with pay, up to a maximum of 10 days.
Rate of wages
(1.3) Each day of medical leave of absence with pay that an employee takes must be paid at their regular rate of wages for their normal hours of work, and that pay is for all purposes considered to be wages.
Annual carry forward
(1.4) Each day of medical leave of absence with pay that an employee does not take in a calendar year is to be carried forward to January 1 of the following calendar year and decreases, by one, the maximum number of days that can be earned in that calendar year under subsection (1.2).
Division of leave with pay
(1.5) The medical leave of absence with pay may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.
Certificate — leave with pay
(1.6) The employer may, in writing and no later than 15 days after the return to work of an employee who has taken a medical leave of absence with pay of at least five consecutive days, require the employee to provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence with pay.
Certificate — leave without pay
(2) If a medical leave of absence without pay is three days or longer, the employer may require that the employee provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence without pay.
(2) Subsection 239(13) of the Act is replaced by the following:
Regulations
(13) The Governor in Council may make regulations
(a) defining terms for the purposes of this Division, including “regular rate of wages” and “normal hours of work”; and
(b) modifying any provision of this Division respecting the medical leave of absence with pay for the purposes of applying this Division to any class of employees if, in the opinion of the Governor in Council,
(i) the application of the provision without the modification would be unreasonable or inequitable in respect of the employees in that class or their employers, due to the work practices of that class, and
(ii) those employees will, despite the modification, earn periods of medical leave of absence with pay at a rate that is substantially equivalent to the rate provided for in subsection (1.2).
- Date modified: