GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 123
Application of Part 123 (1) Notwithstanding any other Act of Parliament or any regulations thereunder, this Part applies to and in respect of employment (a) on or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut; (b) by a corporation established to perform any function or duty on behalf of the Government of Canada; and (c) by a Canadian carrier, as defined in section 2 of the Telecommunications Act , that is an agent of Her Majesty in right of a province. Application to federal public administration (2) This Part applies to the federal public administration and to persons employed in the federal public administration to the extent provided for under Part 3 of the Federal Public Sector Labour Relations Act . Persons appointed and their employer (2.1) This Part applies to persons appointed under subsection 128(1) of the Public Service Employment Act , other than persons appointed by a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, and to their employer. Application to other persons (3) This Part applies to any person who is not an employee but who performs for an employer to which this Part applies activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of this Part must be read accordingly. R.S., 1985, c. L-2, s. 123; R.S., 1985, c. 9 (1st Supp.), s. 2; 1993, c. 28, s. 78, c. 38, s. 89; 2000, c. 20, s. 4; 2002, c. 7, s. 97(E); 2003, c. 22, s. 110; 2015, c. 36, s. 87; 2017, c. 9, s. 55 2018, c. 22, s. 2
Canada Labour Code — L-2 123.1
Canadian Human Rights Act 123.1 For greater certainty, nothing in this Part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act . R.S., 1985, c. 9 (1st Supp.), s. 3 1996, c. 12, s. 2 2018, c. 22, s. 2.1
Canada Labour Code — L-2 123.2
Presumption 123.2 (1) A person who is paid remuneration by an employer is presumed to be their employee unless the contrary is proved by the employer. Exception (2) The presumption does not apply for the purposes of a prosecution under this Part. 2024, c. 17, s. 239
Canada Labour Code — L-2 123.3
Burden of proof 123.3 If, in any proceeding under this Part other than a prosecution, or in any proceeding under Part IV in respect of a violation that is related to this Part, an employer alleges that a person is not their employee, the burden of proof is on the employer. 2024, c. 17, s. 239
Canada Labour Code — L-2 124
General duty of employer 124 Every employer shall ensure that the health and safety at work of every person employed by the employer is protected. R.S., 1985, c. L-2, s. 124; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 5
Canada Labour Code — L-2 125.1
Further specific duties of employer 125.1 Without restricting the generality of section 124 or limiting the duties of an employer under section 125 but subject to any exceptions that may be prescribed, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity, (a) ensure that concentrations of hazardous substances in the work place are controlled in accordance with prescribed standards; (b) ensure that all hazardous substances in the work place are stored and handled in the manner prescribed; (c) ensure that all hazardous substances in the work place, other than hazardous products, are identified in the manner prescribed; (d) subject to the Hazardous Materials Information Review Act , ensure that each hazardous product in the work place or each container in the work place in which a hazardous product is contained has affixed to it, printed on it, attached to it or otherwise applied to it a label that meets the prescribed requirements; (e) subject to the Hazardous Materials Information Review Act , make available to every employee, in the prescribed manner, a safety data sheet for each hazardous product to which the employee may be exposed that meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act ; (f) where employees may be exposed to hazardous substances, investigate and assess the exposure in the manner prescribed, with the assistance of the work place committee or the health and safety representative; and (g) ensure that all records of exposure to hazardous substances are kept and maintained in the prescribed manner and that personal records of exposure are made available to the affected employees. R.S., 1985, c. 24 (3rd Supp.), s. 5; 1993, c. 42, s. 5(F); 2000, c. 20, s. 6; 2014, c. 20, s. 140
Canada Labour Code — L-2 125.2
Employer to provide information in emergency 125.2 (1) An employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls that activity, provide, in respect of any hazardous product to which an employee may be exposed, as soon as is practicable in the circumstances, any information that is included in the safety data sheet that is in the employer’s possession for the hazardous product to any physician or other prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency. Information to be kept confidential (2) Any physician or other prescribed medical professional to whom information is provided by an employer pursuant to subsection (1) shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided. R.S., 1985, c. 24 (3rd Supp.), s. 5; 2000, c. 20, s. 7; 2014, c. 20, s. 141
Canada Labour Code — L-2 125.3
Coal mines 125.3 (1) Every employer of employees employed in a coal mine shall (a) comply with every condition imposed on the employer pursuant to paragraph 137.2(2)(b) or (3)(a); (b) comply with every provision substituted for a provision of the regulations, in respect of the employer, pursuant to paragraph 137.2(3)(b); (c) permit inspections and tests to be carried out on behalf of the employees, in any part of the mine and on any machinery or equipment therein, in the prescribed manner and at intervals not greater than the prescribed interval; and (d) as a condition of carrying out any activity for which the submission of plans and procedures is prescribed, submit to the Coal Mining Safety Commission for approval, in the form and manner and at the time prescribed, plans and procedures relating to that activity and carry out the activity in conformity with plans and procedures as approved. Methods, machinery and equipment (2) No employer shall require or permit the use in a coal mine of any mining method, machinery or equipment in respect of which no prescribed safety standards are applicable unless the use thereof has been approved pursuant to paragraph 137.2(2)(a). Searches (3) Every employer of employees employed in a coal mine shall, at intervals not greater than the prescribed interval, for the purpose of preventing alcohol, articles for use in smoking and drugs, other than drugs exempted by the regulations, from being brought into the mine, (a) require every person entering an underground portion of the mine who is not employed there to submit to a personal search conducted in the prescribed manner; and (b) require a proportion, not less than the prescribed proportion, of employees employed in the underground portions of the mine to submit to personal searches conducted in the prescribed manner. Definition of coal mine (4) For the purposes of this section and section 137.2, coal mine includes any work place above ground that is used in the operation of the mine and is under the control of the employer of employees employed in the mine. R.S., 1985, c. 26 (4th Supp.), s. 1
Canada Labour Code — L-2 125.4
Prohibition 125.4 An employer is prohibited from treating an employee as if they were not their employee. 2024, c. 17, s. 240
Canada Labour Code — L-2 126
Health and safety matters 126 (1) While at work, every employee shall (a) use any safety materials, equipment, devices and clothing that are intended for the employee’s protection and furnished to the employee by the employer or that are prescribed; (b) follow prescribed procedures with respect to the health and safety of employees; (c) take all reasonable and necessary precautions to ensure the health and safety of the employee, the other employees and any person likely to be affected by the employee’s acts or omissions; (d) comply with all instructions from the employer concerning the health and safety of employees; (e) cooperate with any person carrying out a duty imposed under this Part; (f) cooperate with the policy and work place committees or the health and safety representative; (g) report to the employer any thing or circumstance in a work place that is likely to be hazardous to the health or safety of the employee, or that of the other employees or other persons granted access to the work place by the employer; (h) report in the prescribed manner every accident or other occurrence arising in the course of or in connection with the employee’s work that has caused injury to the employee or to any other person; (i) comply with every oral or written direction of the Head or the Board concerning the health and safety of employees; and (j) report to the employer any situation that the employee believes to be a contravention of this Part by the employer, another employee or any other person. No relief of employer’s duties (2) Nothing in subsection (1) relieves an employer from any duty imposed on the employer under this Part. Limitation of liability (3) No employee is personally liable for anything done or omitted to be done in good faith by the employee when the employee is assisting the employer, as requested by the employer, in providing first-aid or in carrying out any other emergency measures. R.S., 1985, c. L-2, s. 126; R.S., 1985, c. 9 (1st Supp.), s. 4; 1993, c. 42, s. 6(F); 2000, c. 20, s. 8; 2013, c. 40, s. 178 2017, c. 20, s. 340 2018, c. 22, s. 4(F) 2018, c. 27, s. 538
Canada Labour Code — L-2 127
Interference at accident scene prohibited 127 (1) Subject to subsection (2), if an employee is killed or seriously injured in a work place, no person shall, unless authorized to do so by the Head, remove or in any way interfere with or disturb any wreckage, article or thing related to the incident except to the extent necessary to (a) save a life, prevent injury or relieve human suffering in the vicinity; (b) maintain an essential public service; or (c) prevent unnecessary damage to or loss of property. Exception (2) No authorization referred to in subsection (1) is required where an employee is killed or seriously injured by an accident or incident involving (a) an aircraft, a vessel, rolling stock or a pipeline, if the accident or incident is being investigated under the Aeronautics Act , the Canada Shipping Act, 2001 or the Canadian Transportation Accident Investigation and Safety Board Act ; or (b) a motor vehicle on a public highway. R.S., 1985, c. L-2, s. 127; R.S., 1985, c. 9 (1st Supp.), s. 4; 1989, c. 3, s. 45; 1996, c. 10, s. 235; 1998, c. 20, s. 29; 2000, c. 20, s. 9; 2001, c. 26, s. 305; 2013, c. 40, s. 179 2018, c. 27, s. 539
Canada Labour Code — L-2 127.1
otherwise an abuse of process. Notice (9.‍1) If the Head is of the opinion that the conditions described in paragraph (9)‍(a) or (b) are met, the Head shall inform the employer and the employee in writing, as soon as feasible, that the Head will not investigate. Combining investigations — harassment and violence (9.2) The Head may combine an investigation into a complaint relating to an occurrence of harassment and violence with an ongoing investigation relating to the same employer and involving substantially the same issues and, in that case, the Head may issue a single decision. Duty and power of Head (10) On completion of the investigation, the Head (a) may issue directions to an employer or employee under subsection 145(1); (b) may, if in the Head’s opinion it is appropriate, recommend that the employee and employer resolve the matter between themselves; or (c) shall, if the Head concludes that a danger exists as described in subsection 128(1), issue directions under subsection 145(2). Interpretation (11) For greater certainty, nothing in this section limits the Head’s authority under section 145. Former employees (12) A former employee may, within the prescribed time, make a complaint under subsection (1) relating to an occurrence of harassment and violence in the work place, in which case this Part applies to the former employee and to the employer as if the former employee were an employee, to the extent necessary to finally dispose of the complaint. Extension (13) On application by a former employee, the Head may, in the prescribed circumstances, extend the time period referred to in subsection (12). 2000, c. 20, s. 10; 2013, c. 40, s. 180 2018, c. 22, s. 5 2018, c. 27, s. 540 2018, c. 27, s. 623 2024, c. 17, s. 241
Canada Labour Code — L-2 128
under subsection (15), the employer shall immediately inform the Head and the work place committee or the health and safety representative of its decision and the continued refusal. The employer shall also provide a copy of the report on the matter prepared under subsection (7.1) to the Head along with a copy of any report referred to in subsection (10.1) or (10.2). R.S., 1985, c. L-2, s. 128; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10; 2013, c. 40, s. 181 2018, c. 27, s. 541
Canada Labour Code — L-2 128.1
Employees on shift during work stoppage 128.1 (1) Unless otherwise provided in a collective agreement or other agreement, employees who are affected by a stoppage of work arising from the application of section 127.1, 128 or 129 or subsection 145(2) are deemed, for the purpose of calculating wages and benefits, to be at work during the stoppage until work resumes or until the end of the scheduled work period or shift, whichever period is shorter. Employees on next shift (2) Unless otherwise provided in a collective agreement or other agreement, employees who are due to work on a scheduled work period or shift after a shift during which there has been a stoppage of work arising from the application of section 127.1, 128 or 129 or subsection 145(2) are deemed, for the purpose of calculating wages and benefits, to be at work during their work period or shift, unless they have been given at least one hour’s notice not to attend work. Alternative work (3) An employer may assign reasonable alternative work to employees who are deemed under subsection (1) or (2) to be at work. Repayment (4) Unless otherwise provided in a collective agreement or other agreement, employees who are paid wages or benefits under subsection (1) or (2) may be required by the employer to repay those wages and benefits if it is determined, after all avenues of redress have been exhausted by the employee who exercised rights under section 128 or 129, that the employee exercised those rights knowing that no circumstances existed that would warrant it. 2000, c. 20, s. 10
Canada Labour Code — L-2 129
 danger. Directions by Head (6) If the Head makes a decision referred to in paragraph 128(13)(a), the Head shall issue the directions under subsection 145(2) that the Head considers appropriate, and an employee may continue to refuse to use or operate the machine or thing, work in that place or perform that activity until the directions are complied with or until they are varied or rescinded under this Part. Appeal (7) If the Head makes a decision referred to in paragraph 128(13)(b) or (c), the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision, in writing, to the Board within 10 days after receiving notice of the decision. R.S., 1985, c. L-2, s. 129; R.S., 1985, c. 9 (1st Supp.), s. 4; 1993, c. 42, s. 7(F); 2000, c. 20, s. 10; 2013, c. 40, s. 182 2017, c. 20, s. 341 2018, c. 27, s. 542
Canada Labour Code — L-2 130
When collective agreement exists 130 The Head may, on the joint application of the parties to a collective agreement, if the Head is satisfied that the agreement contains provisions that are at least as effective as those under sections 128 and 129 in protecting the employees to whom the agreement relates from danger to their health or safety, exclude the employees from the application of those sections for the period during which the agreement remains in force. R.S., 1985, c. L-2, s. 130; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10 2018, c. 27, s. 543
Canada Labour Code — L-2 131
Compensation under other laws not precluded 131 The fact that an employer or employee has complied with or failed to comply with any of the provisions of this Part may not be construed as affecting any right of an employee to compensation under any statute relating to compensation for employment injury or illness, or as affecting any liability or obligation of any employer or employee under any such statute. R.S., 1985, c. L-2, s. 131; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10
Canada Labour Code — L-2 132
Cease to perform job 132 (1) In addition to the rights conferred by section 128 and subject to this section, an employee who is pregnant or nursing may cease to perform her job if she believes that, 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. On being informed of the cessation, the employer, with the consent of the employee, shall notify the work place committee or the health and safety representative. Consult health care practitioner (2) The employee must consult with a health care practitioner , as defined in section 166, of her choice as soon as possible to establish whether continuing any of her current job functions poses a risk to her health or to that of the foetus or child. Provision no longer applicable (3) Without prejudice to any other right conferred by this Act, by a collective agreement or other agreement or by any terms and conditions of employment, once the health care practitioner has established whether there is a risk as described in subsection (1), the employee may no longer cease to perform her job under subsection (1). Employer may reassign (4) For the period during which the employee does not perform her job under subsection (1), the employer may, in consultation with the employee, reassign her to another job that would not pose a risk to her health or to that of the foetus or child. Status of employee (5) The employee, whether or not she has been reassigned to another job, is deemed to continue to hold the job that she held at the time she ceased to perform her job functions and shall continue to receive the wages and benefits that are attached to that job for the period during which she does not perform the job. R.S., 1985, c. L-2, s. 132; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10 2018, c. 27, s. 441
Canada Labour Code — L-2 133
Complaint to Board 133 (1) An employee, or a person designated by the employee for the purpose, who alleges that an employer has taken action against the employee in contravention of section 147 may, subject to subsection (3), make a complaint in writing to the Board of the alleged contravention. Time for making complaint (2) The complaint shall be made to the Board not later than ninety days after the date on which the complainant knew, or in the Board’s opinion ought to have known, of the action or circumstances giving rise to the complaint. Restriction (3) A complaint in respect of the exercise of a right under section 128 or 129 may not be made unless the employee has complied with subsection 128(6) or the Head has received the reports referred to in subsection 128(16), as the case may be, in relation to the matter that is the subject-matter of the complaint. Exclusion of arbitration (4) Notwithstanding any law or agreement to the contrary, a complaint made under this section may not be referred by an employee to arbitration or adjudication. Duty and power of Board (5) On receipt of a complaint made under this section, the Board may assist the parties to the complaint to settle the complaint and shall, if it decides not to so assist the parties or the complaint is not settled within a period considered by the Board to be reasonable in the circumstances, hear and determine the complaint. Burden of proof (6) A complaint made under this section in respect of the exercise of a right under section 128 or 129 is itself evidence that the contravention actually occurred and, if a party to the complaint proceedings alleges that the contravention did not occur, the burden of proof is on that party. R.S., 1985, c. L-2, s. 133; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10; 2013, c. 40, s. 183 2018, c. 27, s. 544
Canada Labour Code — L-2 134
Board orders 134 (1) If, under subsection 133(5), the Board determines that an employer has contravened section 147, the Board may, by order, require the employer to cease contravening that section and may, if applicable, by order, require the employer to (a) permit any employee who has been affected by the contravention to return to the duties of their employment; (b) reinstate any former employee affected by the contravention; (c) pay to any employee or former employee affected by the contravention 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; and (d) rescind any disciplinary action taken in respect of, and pay compensation to any employee affected by, the contravention, 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. Enforcement of orders (2) Any person affected by an order of the Board under subsection (1), 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 (3) On filing in the Federal Court under subsection (2), 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. 134; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10 2017, c. 20, s. 342 2018, c. 27, s. 545