GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 173.1
Shift changes 173.1 (1) If an employer changes a period or shift during which an employee is due to work or adds another work period or shift to the employee’s schedule, the employer shall give the employee written notice of the change or addition at least 24 hours before (a) in the case of a change, the employee’s original work period or shift is to begin or, if the work period or shift that results from the change is to begin earlier than the original work period or shift, before the period or shift that results from the change is to begin; and (b) in the case of an addition, the work period or shift that was added is to begin. Exceptions — threat (2) Subsection (1) does not apply if the change to or addition of a work period or shift is necessary to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious (a) threat to the life, health or safety of any person; (b) threat of damage to or loss of property; or (c) threat of serious interference with the ordinary working of the employer’s industrial establishment. Exception — subsection 177.1(1) (3) Subsection (1) does not apply to a change to or addition of a work period or shift following a request made under subsection 177.1(1). 2017, c. 33, s. 197
Canada Labour Code — L-2 174
Overtime pay or time off 174 (1) Subject to any regulations made under section 175, when an employee is required or permitted to work overtime, they are entitled to (a) be paid for the overtime at a rate of wages not less than one and one-half times their regular rate of wages; or (b) be granted not less than one and one-half hours of time off with pay for each hour of overtime worked, subject to subsections (2) to (5). Conditions (2) An employee is entitled to time off for overtime worked only if, (a) at their request, they and the employer enter into an agreement in writing providing for the taking of time off, subject to paragraph (b) and subsections (3) to (5), on a date or dates agreed on by them and the employer; and (b) the time off is taken within a period of three months after the end of the pay period in which the overtime was worked, or within any longer period set out in (i) if the employee is subject to a collective agreement, the collective agreement, or (ii) if the employee is not subject to a collective agreement, the agreement referred to in paragraph (a) or any other agreement in writing entered into by them and the employer. Maximum period (3) The longer period referred to in paragraph (2)(b) shall not be more than 12 months for an employee who is not subject to a collective agreement. Time off not taken within specified period (4) If the employee does not take all or part of the time off within the applicable period referred to in paragraph (2)(b), the employer shall, within 30 days after the day on which that period ends, pay the employee’s wages for the overtime for which the time off was not taken, at a rate of wages not less than one and one-half times the employee’s regular rate of wages on the day on which they worked the overtime. Termination of employment (5) If an employee ceases to be employed before the employee takes all or part of the time off referred to in paragraph (1)(b), the employer shall, within 30 days after the day on which the employee ceases to be employed, pay the employee’s wages for the overtime for which the time off was not taken, at a rate of wages not less than one and one-half times the employee’s regular rate of wages on the day on which the employee worked the overtime. Application of section 189 (6) Section 189 applies for the purposes of this section. R.S., 1985, c. L-2, s. 174 2017, c. 33, s. 197
Canada Labour Code — L-2 174.1
Right to refuse 174.1 (1) Subject to subsections (2) and (3), an employee may refuse to work the overtime requested by the employer in order to carry out the employee’s family responsibilities referred to in paragraph 206.6(1)(b) or (c). Reasonable steps (2) An employee may refuse to work overtime only if (a) they have taken reasonable steps to carry out their family responsibility by other means, so as to enable them to work overtime; and (b) even though the steps referred to in paragraph (a) have been taken, they are still required to carry out that responsibility during the period of the overtime. Exceptions (3) An employee is not to refuse to work overtime if it is necessary for them to work overtime to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious (a) threat to the life, health or safety of any person; (b) threat of damage to or loss of property; or (c) threat of serious interference with the ordinary working of the employer’s industrial establishment. Prohibition (4) An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has refused to work overtime under subsection (1) or take such a refusal into account in any decision to promote or train the employee. 2017, c. 33, s. 197 2018, c. 27, s. 511
Canada Labour Code — L-2 175
Regulations for the purpose of this Division 175 (1) The Governor in Council may make regulations (a) modifying any provision of this Division for the purpose of the application of this Division to classes of employees who are employed in or in connection with the operation of any industrial establishment if, in the opinion of the Governor in Council, the application of those sections without modification (i) would be or is unduly prejudicial to the interests of the employees in those classes, or (ii) would be or is seriously detrimental to the operation of the industrial establishment; (b) exempting any class of employees from the application of any provision of this Division if the Governor in Council is satisfied that it cannot reasonably be applied to that class of employees; (b.1) respecting rest periods under section 169.2, including defining the terms “shift” and “work period” for the purposes of that section; (c) providing that section 174 does not apply in circumstances where work practices specified in the regulations are followed that in the opinion of the Governor in Council make the application of that section either unreasonable or inequitable; and (d) providing for the calculation of hours worked by employees of any class who are employed in any industrial establishment or in any class of industrial establishment. (2) [Repealed, 2017, c. 33, s. 198] R.S., 1985, c. L-2, s. 175 2017, c. 33, s. 198 2018, c. 27, s. 446
Canada Labour Code — L-2 176
Excess hours under permit 176 (1) On the application of an employer or an employer’s organization, the Head, having regard to the conditions of employment in any industrial establishment and the welfare of the employees, may, by a permit in writing, authorize hours to be worked by any class of employees set out in the permit in excess of the maximum hours of work specified in or prescribed under section 171, established under section 172 or prescribed by regulations made under section 175. Justifying permit (2) No permit may be issued under subsection (1) unless the applicant has satisfied the Head (a) that exceptional circumstances exist that justify the working of additional hours; (b) that the employer had posted a notice of the application for the permit, for at least 30 days before its proposed effective date, in places readily accessible to the affected class of employees where they were likely to see it; and (c) that the employer had informed the trade union in writing of the application for the permit, if those employees are represented by a trade union. Duration of permit (3) A permit under subsection (1) shall be issued for the period specified therein, which shall not be longer than the period during which it is anticipated that the exceptional circumstances that justified the permit will continue. Additional hours may be specified (4) A permit under subsection (1) may specify either (a) the total of the number of additional hours in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175, or (b) the additional hours that may be worked in any day and in any week during the period of the permit. Report (5) If a permit has been issued under this section, the employer for whom or on whose behalf the permit was issued shall report in writing to the Head, within 15 days after the expiration of the period specified in the permit or within such time as the Head may fix in the permit, stating the number of employees who worked in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175 and the number of additional hours each of them worked. R.S., 1985, c. L-2, s. 176; 1993, c. 42, s. 17 2018, c. 27, s. 571
Canada Labour Code — L-2 177
Emergency work 177 (1) The maximum hours of work in a week specified in or prescribed under section 171, established pursuant to section 172 or prescribed by regulations made under section 175 may be exceeded, but only to the extent necessary to prevent serious interference with the ordinary working of the industrial establishment affected, in cases of (a) accident to machinery, equipment, plant or persons; (b) urgent and essential work to be done to machinery, equipment or plant; or (c) other unforeseen or unpreventable circumstances. Reporting additional work (2) Where the maximum hours of work in an industrial establishment have been exceeded under the authority of subsection (1), the employer shall report in writing to the Head, and also to the trade union if the affected employees are subject to a collective agreement, within 15 days after the end of the month in which the maximum was exceeded, stating the nature of the circumstances in which the maximum was exceeded, the number of employees who worked in excess of the maximum and the number of additional hours each of them worked. R.S., 1985, c. L-2, s. 177; 1993, c. 42, s. 18 2018, c. 27, s. 572
Canada Labour Code — L-2 178
Minimum wage 178 (1) Subject to subsections (2) to (5), an employer shall pay to each employee a wage at a minimum hourly rate that is not less than the rate that is determined in accordance with section 178.1. Province of employment (2) If the minimum hourly rate that is fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience is higher than the minimum hourly rate fixed under subsection (1), an employer shall pay to each employee a wage at a rate that is (a) if the wages of the employee are paid on an hourly basis, not less than that higher minimum hourly rate; or (b) if the wages of the employee are paid on any basis of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee. Wage rate based on age (3) For the purposes of paragraph (2)(a), if minimum hourly rates for a province are fixed on the basis of age, the minimum hourly rate for that province is the highest of those rates. Minimum on other basis than time (4) Where the wages of an employee are computed and paid on a basis other than time or on a combined basis of time and some other basis, the Minister may, by order, (a) fix a standard basis of work to which a minimum wage on a basis other than time may be applied; and (b) fix a minimum rate of wage that in the opinion of the Minister is the equivalent of (i) the minimum rate determined in accordance with subsection (2), if that minimum rate is higher than or equal to the minimum rate determined in accordance with section 178.1, or (ii) the minimum rate determined in accordance with section 178.1, if that minimum rate is higher than the minimum rate determined in accordance with subsection (2). Minimum rate fixed by order to be paid (5) Except as otherwise provided by or under this Division, the employer shall pay to each employee who is paid on a basis other than time or on a combined basis of time and some other basis a wage at a rate not less than the minimum rate fixed by order under subsection (4). R.S., 1985, c. L-2, s. 178; 1996, c. 32, s. 1 2021, c. 23, s. 246
Canada Labour Code — L-2 178.1
Minimum wage — rate 178.1 (1) Subject to subsection (2), the minimum hourly rate referred to in subsection 178(1) is $15. Annual adjustment (2) On April 1 of each year after the year in which this section comes into force, the minimum hourly rate is to be adjusted to the rate, rounded up to the nearest $0.05, that is equal to the product of (a) as the case may be, (i) in respect of April 1 of the year after the year in which this section comes into force, $15, or (ii) in respect of April 1 of each subsequent year, the rate that is determined in accordance with this section on April 1 of the preceding year, and (b) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year before that preceding calendar year. Consumer Price Index (3) For the purposes of subsection (2), a reference to the Consumer Price Index for any calendar year means the average of the all-items Consumer Price Index for Canada, not seasonally adjusted, as published by Statistics Canada under the authority of the Statistics Act , for each month in that year. No adjustment (4) Despite subsection (2), the minimum hourly rate is not to be adjusted on April 1 of a given year if on that day the rate determined in accordance with that subsection is less than, as the case may be, (a) in respect of April 1 of the year after the year in which this section comes into force, $15; or (b) in respect of April 1 of each subsequent year, the rate that is determined in accordance with this section on April 1 of the preceding year. 2021, c. 23, s. 247
Canada Labour Code — L-2 179
Employees under 18 years of age 179 An employer may employ a person under the age of 18 years only (a) in an occupation specified by the regulations; and (b) subject to the conditions fixed by the regulations for employment in that occupation. R.S., 1985, c. L-2, s. 179; 1996, c. 32, s. 2 2018, c. 27, s. 448
Canada Labour Code — L-2 180
180 [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 6]
Canada Labour Code — L-2 181
Regulations applicable to Division 181 The Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations (a) requiring employers to pay employees who report for work at the call of the employer wages for such minimum number of hours as may be prescribed, whether or not the employee is called on to perform any work after so reporting for work; (b) fixing the maximum price to be charged for board, whether full or partial, furnished by or on behalf of an employer to an employee, or the maximum deduction to be made therefor from the wages of the employee by the employer; (c) fixing the maximum price to be charged for living quarters, either permanent or temporary, furnished by or on behalf of an employer to an employee, whether or not those quarters are self-contained and whether or not the employer retains general possession and custody thereof, or the maximum deduction to be made therefor from the wages of the employee by the employer; (d) governing the charges or deductions for furnishing uniforms or other articles of wearing apparel that an employer may require an employee to wear or requiring an employer in any specified circumstances to provide, maintain or launder uniforms or other articles of wearing apparel that the employer may require an employee to wear; (e) governing the charges or deductions for furnishing any tools or equipment that an employer may require an employee to use and for the maintenance and repair of any such tools or equipment; (f) specifying, for the purposes of section 179, the occupations in which persons under the age of 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 (g) exempting, on such terms and conditions and for such periods as are considered advisable, any employer from the application of section 178 in respect of any class of employees who are being trained on the job, if the training facilities provided and used by the employer are adequate to provide a training program that will increase the skill or proficiency of an employee. R.S., 1985, c. L-2, s. 181; 1996, c. 32, s. 3 2018, c. 27, s. 449
Canada Labour Code — L-2 181.1
Medical break 181.1 (1) Subject to the regulations, every employee is entitled to and shall be granted any unpaid breaks that are necessary for medical reasons. Certificate (2) On written request by the employer, the employee must provide a certificate issued by a health care practitioner setting out the length and frequency of the breaks needed for medical reasons and any additional information that may be prescribed by regulation. 2018, c. 27, s. 450
Canada Labour Code — L-2 181.2
Nursing break 181.2 Subject to the regulations, every employee who is nursing is entitled to and shall be granted any unpaid breaks necessary for them to nurse or to express breast milk. 2018, c. 27, s. 450
Canada Labour Code — L-2 181.3
Regulations 181.3 The Governor in Council may make regulations (a) modifying the provisions of sections 181.1 or 181.2 for the purpose of the application of this Division to any class of employees; (b) exempting any class of employees from the application of section 181.1 or 181.2; (c) respecting the breaks set out in subsection 181.1(1) and section 181.2, including circumstances in which those breaks cannot be taken; and (d) respecting additional information to be included in a certificate required under subsection 181.1(2). 2018, c. 27, s. 450
Canada Labour Code — L-2 182
Application of sections 182 (1) For the purposes of ascertaining whether a discriminatory practice under section 11 of the Canadian Human Rights Act is being or has been engaged in, sections 249, 250, 252, 253, 254, 255 and 264 apply, with such modifications as the circumstances require, as if this Part expressly required an employer to refrain from that discriminatory practice. Report to Commission (2) If the Head has reasonable grounds at any time for believing that an employer is engaging or has engaged in a discriminatory practice described in subsection (1), the Head may notify the Canadian Human Rights Commission or file a complaint with that Commission under section 40 of the Canadian Human Rights Act . R.S., 1985, c. L-2, s. 182 2018, c. 27, s. 573
Canada Labour Code — L-2 183
Definitions 183 In this Division, vacation pay means the amount an employee is entitled to under section 184.01; ( indemnité de congé annuel ) year of employment means continuous employment of an employee by one employer (a) for a period of twelve consecutive months beginning with the date the employment began or any subsequent anniversary date thereafter, or (b) for a calendar year or other year determined by the employer, in accordance with the regulations, in relation to an industrial establishment. ( année de service ) R.S., 1985, c. L-2, s. 183; 1993, c. 42, s. 19 2018, c. 27, s. 453
Canada Labour Code — L-2
vacation pay means the amount an employee is entitled to under section 184.01; ( indemnité de congé annuel )
Canada Labour Code — L-2 (a)
year of employment means continuous employment of an employee by one employer (a) for a period of twelve consecutive months beginning with the date the employment began or any subsequent anniversary date thereafter, or (b) for a calendar year or other year determined by the employer, in accordance with the regulations, in relation to an industrial establishment. ( année de service )
Canada Labour Code — L-2 184
Annual vacation with pay 184 Except as otherwise provided by or under this Division, in respect of every year of employment by an employer, every employee is entitled to and shall be granted a vacation with vacation pay of (a) at least two weeks if they have completed at least one year of employment; (b) at least three weeks if they have completed at least five consecutive years of employment with the same employer; and (c) at least four weeks if they have completed at least 10 consecutive years of employment with the same employer. R.S., 1985, c. L-2, s. 184 2018, c. 27, s. 454
Canada Labour Code — L-2 184.01
Calculation of vacation pay 184.01 An employee is entitled to vacation pay equal to: (a) 4% of their wages during the year of employment in respect of which they are entitled to the vacation; (b) 6% of their wages during the year of employment in respect of which they are entitled to the vacation, if they have completed at least five consecutive years of employment with the same employer; and (c) 8% of their wages during the year of employment in respect of which they are entitled to the vacation, if they have completed at least 10 consecutive years of employment with the same employer. 2018, c. 27, s. 454
Canada Labour Code — L-2 184.1
Entitlement to vacation in one or more periods 184.1 A vacation granted to an employee under this Division is to be taken only in one period or, if the employee makes a request in writing and the employer approves it in writing, in more than one period. 2017, c. 33, s. 200
Canada Labour Code — L-2 185
Granting vacation with pay 185 The employer of an employee who under this Division has become entitled to a vacation with vacation pay (a) shall grant to the employee the vacation to which the employee is entitled, which shall begin not later than ten months immediately following the completion of the year of employment for which the employee became entitled to the vacation; and (b) shall, at any time that is prescribed by the regulations, pay to the employee (i) if the vacation is taken in one period, the vacation pay to which the employee is entitled in respect of that vacation, or (ii) if the vacation is taken in more than one period, for each period, the proportion of the vacation pay that the vacation taken is of the annual vacation to which the employee is entitled. R.S., 1985, c. L-2, s. 185 2017, c. 33, s. 201
Canada Labour Code — L-2 186
Vacation pay 186 Vacation pay shall for all purposes be deemed to be wages. R.S., c. L-1, s. 42
Canada Labour Code — L-2 187
General holiday during vacation 187 Where one or more general holidays occur during a vacation granted to an employee pursuant to this Division, the vacation to which the employee is entitled under this Division may be extended by one day for each such holiday, and the employer shall pay to the employee in addition to the vacation pay the wages to which the employee is entitled for those general holidays. R.S., c. L-1, s. 43; 1977-78, c. 27, s. 12