GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 243
Order final 243 (1) Every order of the Board is final and shall not be questioned or reviewed in any court. No review by certiorari , etc. (2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari , prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under section 242. R.S., 1985, c. L-2, s. 243 2017, c. 20, s. 355
Canada Labour Code — L-2 244
Enforcement of orders 244 (1) Any person affected by an order of the Board under subsection 242(4), or the Head on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons. Registration (2) On filing in the Federal Court under subsection (1), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court. R.S., 1985, c. L-2, s. 244; 1993, c. 42, s. 34(F) 2017, c. 20, s. 355 2018, c. 27, s. 581
Canada Labour Code — L-2 245
Regulations 245 For the purposes of this Division, the Governor in Council may make regulations (a) defining the absences from employment that shall be deemed not to have interrupted continuity of employment; (b) prescribing circumstances for the purposes of paragraph 240(3)(b); (c) prescribing periods for the purposes of subsection 241(4); (d) prescribing the circumstances under which a complaint is not to be deemed to be withdrawn under subsection 241(5); and (e) prescribing the conditions that are to be met before a complaint may be deemed to be withdrawn under subsection 241(5). R.S., 1985, c. L-2, s. 245 2018, c. 27, s. 492
Canada Labour Code — L-2 246
Civil remedy 246 (1) No civil remedy of an employee against his employer is suspended or affected by sections 240 to 245. Application of section 189 (2) Section 189 applies for the purposes of this Division. 1977-78, c. 27, s. 21
Canada Labour Code — L-2 246.2
Suspension of complaint 246.2 (1) If the Board is satisfied that the employee must take measures before the Board may continue to deal with the complaint made under subsection 246.1(1), it may, at any time, suspend consideration of the complaint, in whole or in part. Notice (2) If the Board suspends a complaint, the Board shall notify the employee in writing and specify in the notice (a) the measures that the employee must take; and (b) the period of time within which the employee must take those measures. End of suspension (3) The suspension ends when, in the Board’s opinion, the measures specified in the notice have been taken. 2017, c. 20, s. 356 2018, c. 27, s. 506
Canada Labour Code — L-2 246.3
Rejection of complaint 246.3 (1) The Board may reject a complaint made under subsection 246.1(1), in whole or in part, (a) if the Board is satisfied that (i) the complaint is not within its jurisdiction, (ii) the complaint is frivolous, vexatious or not made in good faith, (iii) the complaint has been settled in writing between the employer and the employee, (iv) there are other means available to the employee to resolve the subject matter of the complaint that the Board considers should be pursued, (v) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator, or (vi) in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject matter of the complaint and provides a third party dispute resolution process; or (b) if consideration of the complaint was suspended under subsection 246.2(1) and if, in the Board’s opinion, the measures specified in the notice under subsection 246.2(2) were not taken within the specified time period. Notice of rejection of complaint (2) If the Board rejects a complaint, it shall notify the employee in writing, with reasons. 2017, c. 20, s. 356 2018, c. 27, s. 506
Canada Labour Code — L-2 246.4
Board orders 246.4 If the Board determines that a complaint under subsection 246.1(1) is justified, the Board may, by order, require the employer to cease engaging in or to rescind the reprisal and, if applicable, to (a) permit the employee who has made the complaint to return to the duties of their employment; (b) reinstate the employee; (c) pay to the employee compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for the reprisal, have been paid by the employer to the employee; (d) pay to the employee compensation not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer; and (e) do any other thing that the Board considers equitable for the employer to do to remedy or counteract any consequence of the reprisal. 2017, c. 20, s. 356
Canada Labour Code — L-2 246.5
Decisions final 246.5 (1) Every decision of the Board made under this Division is final and shall not be questioned or reviewed in any court. No review by certiorari , etc. (2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari , prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this Division. 2017, c. 20, s. 356
Canada Labour Code — L-2 246.6
Enforcement of orders 246.6 (1) Any person affected by an order of the Board under section 246.4, or the Head on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons. Registration (2) On filing in the Federal Court under subsection (1), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court. 2017, c. 20, s. 356 2018, c. 27, s. 583
Canada Labour Code — L-2 247
Payment of wages 247 Except as otherwise provided by or under this Part, an employer shall (a) pay to any employee any wages to which the employee is entitled on the regular pay-day of the employee as established by the practice of the employer; and (b) pay any wages or other amounts to which the employee is entitled under this Part within thirty days from the time when the entitlement to the wages or other amounts arose. 1977-78, c. 27, s. 21
Canada Labour Code — L-2 247.5
Entitlement to leave 247.5 (1) An employee who is a member of the reserve force and has completed at least three consecutive months of continuous employment with an employer — or a shorter period that is prescribed for a class of employees to which the employee belongs — is entitled to and shall be granted a leave of absence from employment to take part in the following operations or activities: (a) an operation in Canada or abroad — including preparation, training, rest or travel from or to the employee’s residence — that is designated by the Minister of National Defence; (b) an activity set out in the regulations; (c) Canadian Armed Forces military skills training; (d) training that they are ordered to take under paragraph 33(2)(a) of the National Defence Act ; (e) duties that they are called out on service to perform under paragraph 33(2)(b) of the National Defence Act ; (f) service in aid of a civil power for which they are called out under section 275 of the National Defence Act ; or (g) treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from service in an operation or activity referred to in this subsection. Maximum of 24 months (1.1) Leaves taken by an employee under paragraphs (1)(a) to (d) can total no more than an aggregate of 24 months in any 60-month period. Exception (1.2) Subsection (1.1) does not apply to a leave of absence taken as a result of a national emergency , within the meaning of the Emergencies Act . Designation and delegation (2) The Minister of National Defence may designate an operation for the purposes of paragraph (1)(a) or may authorize another person to do so. Effect (3) A designation takes effect on the day on which it is made or on an earlier or later day that is fixed by the Minister of National Defence or the other person. The Minister of National Defence or the other person may fix the day on which the designation ceases to be in effect. Exception (4) Despite subsection (1), an employee is not entitled to a leave of absence under this Division if, in the opinion of the Head, it would adversely affect public health or safety or would cause undue hardship to the employer if the employee, as an individual or as a member of a class of employees, were to take leave. 2008, c. 15, s. 1 2018, c. 27, s. 494 2018, c. 27, s. 584
Canada Labour Code — L-2 247.6
Notice to employer 247.6 (1) An employee who takes a leave of absence under this Division shall (a) unless there is a valid reason for not doing so, give at least four weeks’ notice to the employer before the day on which the leave is to begin; and (b) inform the employer of the length of the leave. If there is a valid reason (2) If there is a valid reason for not providing notice in accordance with paragraph (1)(a), the employee shall notify the employer as soon as practicable that the employee is taking a leave of absence. Change in length of leave (3) Unless there is a valid reason for not doing so, an employee who takes a leave of absence under this Division shall notify the employer of any change in the length of the leave at least four weeks before (a) the new day on which the leave is to end, if the employee is taking a shorter leave; or (b) the day that was most recently indicated for the leave to end, if the employee is taking a longer leave. In writing (4) Unless there is a valid reason for not doing so, any notice or other information to be provided by the employee to the employer under this section is to be in writing. 2008, c. 15, s. 1
Canada Labour Code — L-2 247.7
Request for proof 247.7 (1) Subject to subsection (2), if the employer requests proof that a leave of absence is taken under this Division, the employee shall provide the employer with the prescribed document, if any, or with a document that is approved by the Chief of the Defence Staff who was appointed under subsection 18(1) of the National Defence Act . No prescribed or approved document (2) If no document is prescribed, or approved by the Chief of the Defence Staff, the employee shall, on request, provide the employer with a document from the employee’s commanding officer specifying that the employee is taking part in an operation or activity referred to in paragraphs 247.5(1)(a) to (g). Timing (3) Unless there is a valid reason for not doing so, the employee shall provide the document referred to in subsection (1) or (2) within three weeks after the day on which the leave begins. 2008, c. 15, s. 1
Canada Labour Code — L-2 247.8
Return to work postponed 247.8 (1) If the employee does not notify the employer at least four weeks before the day on which the leave that is taken under this Division is to end, the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer. Subsection (1) does not apply (2) Subsection (1) does not apply if the employee notifies the employer in accordance with paragraph 247.6(1)(b) before the leave begins and if the length of the leave is not changed after the leave begins. Deemed part of leave (3) The period of postponement referred to in subsection (1) is deemed to be part of the leave. 2008, c. 15, s. 1
Canada Labour Code — L-2 247.91
Continuous employment — benefits 247.91 (1) For the purposes of calculating the benefits of an employee who takes a leave of absence under this Division, employment on the employee’s return to work is deemed to be continuous with their employment before the leave. Seniority (2) The seniority of an employee who takes a leave of absence under this Division shall accumulate during the leave. 2008, c. 15, s. 1
Canada Labour Code — L-2 247.92
Application of section 189 247.92 Section 189 applies for the purposes of this Division. 2008, c. 15, s. 1
Canada Labour Code — L-2 247.93
Resumption of employment in same position 247.93 (1) At the end of a leave of absence that is taken under this Division, the employer shall reinstate the employee in the position that the employee occupied on the day before the day on which the leave begins. Comparable position (2) If for a valid reason an employer is not able to reinstate the employee in that position, they shall reinstate the employee in a comparable position with the same wages and benefits and in the same location. 2008, c. 15, s. 1
Canada Labour Code — L-2 247.94
Not able to perform work 247.94 Subject to the regulations, if an employee is not able to perform the functions of the position that they occupy before the leave begins — or those of a comparable position, with the same wages and benefits and in the same location — the employer may assign them to a position with different terms or conditions of employment. 2008, c. 15, s. 1
Canada Labour Code — L-2 247.95
Wages or benefits affected by reorganization 247.95 (1) If, during a leave of absence that is taken under this Division, the wages or benefits of the group of employees of which an employee is a member are changed as part of a plan to reorganize the industrial establishment in which that group is employed, the employee is entitled, on reinstatement 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 change in wages or benefits (2) The employer of an employee who is on leave and whose wages or benefits would be changed as a result of the reorganization shall, as soon as practicable, send a notice to the employee at their last known address. 2008, c. 15, s. 1
Canada Labour Code — L-2 247.96
Prohibition — employee 247.96 (1) No employer may dismiss, suspend, lay off, demote or discipline an employee because they are a member of the reserve force or intend to take or have taken a leave of absence under this Division or take into account the fact that an employee is a member of the reserve force or intends to take or has taken a leave of absence under this Division in a decision to promote or train them. Prohibition — future employee (2) No person may refuse to employ a person because they are a member of the reserve force. 2008, c. 15, s. 1
Canada Labour Code — L-2 247.97
Regulations 247.97 The Governor in Council may make regulations for carrying out the purposes of this Division and, without restricting the generality of the foregoing, may make regulations (a) specifying the absences that are deemed not to interrupt continuity of employment for the purpose of subsection 247.5(1); (b) specifying what constitutes or does not constitute an operation for the purposes of paragraph 247.5(1)(a); (c) setting out the activities for the purposes of paragraph 247.5(1)(b); (d) defining “military skills training” for the purposes of paragraph 247.5(1)(c); (e) limiting the duration of the treatment, recovery or rehabilitation referred to in paragraph 247.5(1)(g) or setting out the terms or conditions for the application of that paragraph; (f) specifying what constitutes or does not constitute undue hardship for the purposes of subsection 247.5(4); (g) specifying what constitutes or does not constitute a valid reason for the purposes of subsection 247.6(1), (2), (3) or (4), 247.7(3) or 247.93(2); (h) specifying the circumstances in which section 247.7, subsection 247.8(1) or subsection 247.91(2) does not apply; (i) specifying the circumstances in which an employer may not assign an employee to a position with different terms or conditions of employment for the purposes of section 247.94; (j) [Repealed, 2018, c. 27, s. 495] (k) [Repealed, 2018, c. 27, s. 495] (l) prescribing the classes of employees that are not entitled to a leave of absence under this Division if the Governor in Council is satisfied that the fact of taking leave would cause unreasonable consequences; and (m) prescribing the circumstances in which classes of employees are not entitled to a leave of absence under this Division. 2008, c. 15, s. 1 2017, c. 33, s. 212 2018, c. 27, s. 495
Canada Labour Code — L-2 247.98
Definitions 247.98 (1) The following definitions apply in this Division. disclose includes to authorize disclosure. ( communiquer ) genetic test , in relation to an employee, means a test that analyzes the employee’s DNA, RNA or chromosomes for purposes such as the prediction of disease or vertical transmission risks, or monitoring, diagnosis or prognosis. ( test génétique ) Genetic test (2) Every employee is entitled not to undergo or be required to undergo a genetic test. Disclosure of results (3) Every employee is entitled not to disclose or be required to disclose the results of a genetic test. Disciplinary action (4) No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee’s rights under this Division, have worked, or take any disciplinary action against or threaten to take any such action against an employee (a) because the employee refused a request by the employer to undergo a genetic test; (b) because the employee refused to disclose the results of a genetic test; or (c) on the basis of the results of a genetic test undergone by the employee. Disclosure by third party (5) No person shall disclose to an employer that an employee has undergone a genetic test, or disclose to an employer the results of a genetic test, without the written consent of the employee. Collection or use (6) No employer shall collect or use the results of a genetic test without the written consent of the employee who has undergone the test. 2017, c. 3, s. 8
Canada Labour Code — L-2
disclose includes to authorize disclosure. ( communiquer )
Canada Labour Code — L-2
genetic test , in relation to an employee, means a test that analyzes the employee’s DNA, RNA or chromosomes for purposes such as the prediction of disease or vertical transmission risks, or monitoring, diagnosis or prognosis. ( test génétique )
Canada Labour Code — L-2 247.99
he subject matter of the complaint that the Board considers should be pursued, (v) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator, or (vi) in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject matter of the complaint and provides a third-party dispute resolution process; or (b) if consideration of the complaint was suspended under subsection (6.2) and if, in the Board’s opinion, the measures specified in the notice under subsection (6.3) were not taken within the specified period. Notice of rejection of complaint (6.6) If the Board rejects a complaint, it shall notify the employee in writing, with reasons. Decision of Board (7) The Board, after a complaint has been referred to it, shall (a) consider whether the employer has contravened subsection 247.98(4) and render a decision on it; and (b) send a copy of the decision with the reasons for the decision to each party to the complaint and to the Head. Orders (8) If the Board decides under subsection (7) that an employer has contravened subsection 247.98(4), the Board may, by order, require the employer to cease contravening that subsection and may, if applicable, by order, require the employer to (a) permit the employee to return to the duties of their employment; (b) reinstate the former employee; (c) pay to the employee or former employee compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for the contravention, have been paid by the employer to the employee or former employee; (d) rescind any disciplinary action taken in respect of the contravention and pay compensation to the employee, not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer; and (e) do any other like thing that it is equitable to require the employer to do in order to remedy or counteract any consequences of the contravention. (9) [Repealed, 2018, c. 27, s. 496] 2017, c. 3, s. 8 2018, c. 27, s. 496 2018, c. 27, s. 585 2024, c. 17, s. 254
Canada Labour Code — L-2 247.991
Order final 247.991 (1) Every order of the Board is final and shall not be questioned or reviewed in any court. No review by certiorari, etc. (2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari , prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under section 247.99. Enforcement of orders (3) Any person affected by an order of the Board under subsection 247.99(8), or the Head on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file a copy of the order in the Federal Court, exclusive of reasons. Registration (4) On filing in the Federal Court under subsection (3), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court. Civil remedy (5) The making of a complaint under subsection 247.99(1) does not suspend or affect an employee’s civil remedies against their employer. 2018, c. 27, s. 497 2018, c. 27, s. 586
Canada Labour Code — L-2 247.992
Regulations 247.992 For the purposes of this Division, the Governor in Council may make regulations (a) prescribing circumstances for the purposes of paragraph 247.99(3)(b); (b) prescribing periods for the purposes of subsection 247.99(6); (c) prescribing the circumstances under which a complaint is not to be deemed to be withdrawn under subsection 247.99(6.1); and (d) prescribing the conditions that are to be met before a complaint may be deemed to be withdrawn under subsection 247.99(6.1). 2018, c. 27, s. 497
Canada Labour Code — L-2 248
Inquiries 248 (1) The Minister may, (a) for any of the purposes of this Part, cause an inquiry to be made into and concerning employment in any industrial establishment; and (b) appoint one or more persons to hold the inquiry. Powers on an inquiry (2) A person appointed pursuant to subsection (1) has all of the powers of a person appointed as a commissioner under Part I of the Inquiries Act . R.S., c. L-1, s. 62
Canada Labour Code — L-2 249
ission of the Head. Not liable (8) Neither the Head nor a person to whom powers, duties or functions have been delegated under subsection (1) is personally liable for anything done or omitted to be done by them in good faith under the authority or purported authority of this Part. R.S., 1985, c. L-2, s. 249; 1993, c. 42, s. 35; 2012, c. 19, s. 435 2018, c. 27, s. 587
Canada Labour Code — L-2 250
Administering oaths 250 The Head may administer all oaths and take and receive all affidavits and statutory declarations required with respect to the Head’s powers set out in subsection 249(2) and certify to the administration, taking or receiving of them. R.S., 1985, c. L-2, s. 250 2018, c. 27, s. 588