GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Standards Regulations — Canada Labour Standards Regulations
post means, in respect of a document, to post in readily accessible places where the document is likely to be seen by the employees to whom it applies, and to keep the document posted for the period during which it applies. ( afficher )
Canada Labour Standards Regulations — 3
3 Division I of the Act does not apply to members of the architectural, dental, engineering, legal or medical professions. SOR/78-560, s. 1; SOR/91-461, s. 3(F)
Canada Labour Standards Regulations — 3.1
3.1 The following information must be included in the employment statement provided under section 253.2 of the Act: (a) the names of the parties to the employment relationship; (b) the job title of the employee and a brief description of their duties and responsibilities; (c) the address of the ordinary place of work; (d) the date on which the employment commences; (e) the term of the employment; (f) the duration of the probationary period, if any; (g) a description of the necessary qualifications for the position; (h) a description of any required training for the position; (i) the hours of work for the employee, including information on the calculation of those hours and rules regarding overtime hours; (j) the rate of wages or salary and the rate of overtime pay; (k) the frequency of pay days and the frequency of payment of any other remuneration; (l) any mandatory deductions from wages; and (m) information about how the employee can claim reimbursement of reasonable work-related expenses. SOR/2023-79, s. 1
Canada Labour Standards Regulations — 4
4 If, in accordance with subsection 170(1) or 172(1) of the Act, the parties to a collective agreement have agreed in writing to a modified work schedule, the agreement shall be dated and contain the information set out in paragraphs (a) to (m) of Schedule III. SOR/78-560, s. 2; SOR/91-461, s. 4; SOR/94-668, s. 3 SOR/2019-168, s. 3
Canada Labour Standards Regulations — 5
5 A notice that is referred to in subsection 170(3) or 172(3) of the Act shall contain the information set out in Schedule III and remain posted while the modified work schedule is in effect. SOR/91-461, s. 5; SOR/94-668, s. 3 SOR/2019-168, s. 3
Canada Labour Standards Regulations — 6
; (b.2) of personal leave with pay; (c) that is normally a working week in respect of which the employee is not entitled to regular wages; (d) of leave for victims of family violence with pay; (d.1) of bereavement leave with pay; (e) of medical leave of absence with pay; or (f) that consists of any combination of the days described in paragraphs (7)(a) to (g). (9) The standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall be reduced by 40 hours for every period of seven consecutive days, in the averaging period, during which an employee is not entitled to regular wages. (10) Where an employee whose hours of work are averaged pursuant to subsection (1) terminates the employee’s employment during the averaging period, the employer shall pay the employee’s regular rate of wages for the actual hours worked during the completed part of the averaging period. (11) If, during the averaging period, an employer lays off or terminates the employment of an employee whose hours of work are averaged under subsection (1), the employer shall pay the employee at the overtime rate of wages established under paragraph 174(1)(a) of the Act for any hours worked, but not previously paid, in excess of 40 times the number of weeks in the completed part of the averaging period. (12) An employer who has adopted an averaging period under subsection (1) shall not alter the number of weeks in the averaging period or cease to calculate the average hours of work of employees unless the employer has, at least 30 days before making either change, (a) posted a notice of the change; and (b) provided a copy of the notice to the Head of Compliance and Enforcement and every trade union representing any affected employees who are subject to a collective agreement. (13) If, before the end of an averaging period, an employer alters the number of weeks in the averaging period applicable to employees or ceases to calculate the average hours of work of employees, the employer shall, for each hour worked in excess of 40 times the number of weeks in the completed part of the averaging period, (a) pay those employees at the overtime rate referred to in paragraph 174(1)(a) of the Act; or (b) subject to subsection 174(2) of the Act, grant those employees time off in accordance with paragraph 174(1)(b) of the Act. SOR/91-461, s. 6; SOR/94-668, s. 3; SOR/2002-113, s. 1(F) SOR/2019-168, s. 4 SOR/2021-118, s. 2 SOR/2022-41, s. 1 SOR/2022-228, s. 1 SOR/2025-240, s. 1
Canada Labour Standards Regulations — 7
7 Notwithstanding the requirements of these Regulations, section 174 of the Act does not apply in circumstances where there is an established work practice that (a) requires or permits an employee to work in excess of standard hours for the purposes of changing shifts; (b) permits an employee to exercise seniority rights to work in excess of standard hours pursuant to a collective agreement; or (c) permits an employee to work in excess of standard hours as the result of his exchanging a shift with another employee. SOR/91-461, s. 7
Canada Labour Standards Regulations — 8
8 (1) Where hours to be worked in excess of maximum hours of work established by or under section 171 of the Act are agreed to in writing under section 172 of the Act, the work schedule shall include no fewer days of rest than the number of weeks in the work schedule. (2) Where hours to be worked in excess of maximum hours of work established by or under section 171 of the Act are authorized under section 176 of the Act, the Head of Compliance and Enforcement may specify in a permit referred to in section 176 of the Act that the hours of work in a week need not be scheduled as required by section 173 of the Act during the period of the permit and, having regard to the conditions of employment in the industrial establishment and the welfare of the employees, may prescribe in the permit alternative days of rest to be observed. SOR/91-461, s. 8; SOR/94-668, s. 4 SOR/2021-118, s. 2
Canada Labour Standards Regulations — 9
9 During an averaging period, hours of work may be scheduled and actually worked without regard to section 173 of the Act. SOR/91-461, s. 8
Canada Labour Standards Regulations — 10
10 (1) An employer may employ a person under the age of 18 years in any office or plant, in any transportation, communication, maintenance or repair service, or in any construction work or other employment in a federal work, undertaking or business if (a) the person is not required, under the law of the province in which they are ordinarily resident, to be in attendance at school; and (b) the work in which the person is to be employed (i) is not carried on underground in a mine, (ii) would not cause them to be employed in or enter a place that they are prohibited from entering under the Explosives Regulations, 2013 , (iii) is not work as a nuclear energy worker as defined in the Nuclear Safety and Control Act , (iv) is not work that they are prohibited from doing under the Canada Shipping Act, 2001 by reason of their age, and (v) is not likely to be injurious to their health or to endanger their safety. (2) An employer may not cause or permit an employee under the age of 18 years to work between 11 p.m. on one day and 6 a.m. on the following day. (3) [Repealed, SOR/99-337, s. 1] (4) [Repealed, SOR/91-461, s. 10] SOR/80-687, s. 1; SOR/81-284, s. 1; SOR/86-477, s. 1; SOR/91-461, s. 10; SOR/96-167, s. 1; SOR/99-337, s. 1; SOR/2002-113, s. 2 SOR/2019-168, s. 5 SOR/2023-40, s. 2
Canada Labour Standards Regulations — 11
11 An employer is exempted from the application of section 178 of the Act in respect of any of the employer’s employees who are being trained on the job if those employees are apprentices registered under a provincial apprenticeship Act and are being paid in accordance with a schedule of rates established under such an Act. SOR/91-461, s. 11; SOR/2002-113, s. 3
Canada Labour Standards Regulations — 11.1
11.1 An employer shall pay an employee who reports for work at the call of the employer wages for not less than three hours of work at the employee’s regular rate of wages, whether or not the employee is called on to perform any work after so reporting for work. SOR/91-461, s. 12
Canada Labour Standards Regulations — 12
12 An employer shall, at least 30 days prior to determining a year of employment under paragraph (b) of the definition year of employment in section 183 of the Act, notify in writing the affected employees of (a) the dates of commencement and expiry of the year of employment; and (b) the method of calculating the length of vacation and the vacation pay for a period of employment of less than 12 consecutive months. SOR/94-668, s. 5
Canada Labour Standards Regulations — 13
13 (1) Where an employer has determined a year of employment under paragraph (b) of the definition year of employment in section 183 of the Act, the employer shall, within ten months after the commencement date or after each subsequent anniversary date, as the case may be, of the determined year of employment, grant a vacation with vacation pay to each employee who has completed less than 12 months of continuous employment at that date. (2) The vacation granted to an employee pursuant to subsection (1) shall be the number of weeks of the employee’s vacation entitlement under section 184 of the Act divided by 12 and multiplied by the number of completed months of employment from and including (a) the date employment began, for an employee who became an employee after the commencement date of the year of employment referred to in subsection (1); or (b) the commencement date of the year of employment previously in effect, for all other employees. (3) Where an employee is entitled to an annual vacation and there is no agreement between the employer and employee concerning when the vacation may be taken, the employer shall give the employee at least two weeks notice of the commencement of the employee’s annual vacation. (4) An employer shall pay to an employee who is entitled to it the vacation pay referred to in subparagraph 185(b)(i) of the Act or the amount referred to in subparagraph 185(b)(ii) of the Act, as the case may be, (a) on a day that is within 14 days before the day on which a vacation period begins; or (b) on the regular pay day during or immediately following a vacation period if it is not practicable to comply with paragraph (a) or if it is an established practice in the industrial establishment in which the employee is employed to pay vacation pay or a proportion of that vacation pay on the regular pay day during or immediately following a vacation period. SOR/94-668, s. 5; SOR/2002-113, s. 4(E); SOR/2014-305, s. 1(F) SOR/2019-168, s. 6
Canada Labour Standards Regulations — 14
14 (1) An employee may, by written agreement with the employer, postpone or waive the employee’s entitlement to an annual vacation for a specified year of employment. (2) Where an employee waives an annual vacation in accordance with subsection (1), the employer shall pay the vacation pay to the employee within 10 months after the end of the specified year of employment. SOR/91-461, s. 13; SOR/94-668, s. 5
Canada Labour Standards Regulations — 15
15 (1) A notice of substitution of a general holiday required to be posted pursuant to subsection 195(3) of the Act shall contain (a) the name of the employer; (b) an identification of the affected employees; (c) the address or location of the workplace; (d) the dates of the general holiday and the substituted holiday; (e) the dates the substitution comes into effect and expires; (f) the date of posting; and (g) a statement that at least 70 per cent of the affected employees must agree to the substitution of the general holiday for the substitution to come into effect. (2) The notice referred to in subsection (1) shall remain posted for the duration of the substitution. SOR/91-461, s. 14; SOR/94-668, s. 5
Canada Labour Standards Regulations — 16
16 If, in accordance with subsection 195(1) of the Act, any other day is substituted for a general holiday in a written agreement between the parties to a collective agreement, the written agreement shall contain the information set out in paragraphs 15(1)(a) to (e). SOR/94-668, s. 5 SOR/2022-41, s. 2
Canada Labour Standards Regulations — 17
17 For the purposes of subsections 206.51(6), 206.6(2), 206.7(2.1), 210(2) and 239(1.3) of the Act, the regular rate of wages of an employee whose hours of work differ from day to day or who is paid on a basis other than time shall be (a) the average of the employee’s daily earnings, exclusive of overtime hours, for the 20 days the employee has worked immediately preceding the first day of the period of paid leave; or (b) an amount calculated by a method agreed on under or pursuant to a collective agreement that is binding on the employer and the employee. SOR/79-309, s. 1; SOR/91-461, s. 15; SOR/2014-305, s. 2 SOR/2019-168, s. 7 SOR/2022-228, s. 3 SOR/2025-240, s. 3
Canada Labour Standards Regulations — 18
18 For the purposes of section 197 of the Act, if the hours of work of an employee whose wages are calculated on a daily or hourly basis differ from day to day, or if the employee’s wages are calculated on a basis other than time, the regular rate of wages for a general holiday shall be (a) the average of his daily earnings exclusive of overtime for the 20 days he has worked immediately preceding the holiday; or (b) an amount calculated by a method agreed upon under or pursuant to a collective agreement that is binding on the employer and the employee. SOR/79-309, s. 2; SOR/91-461, s. 16; SOR/2014-305, s. 3
Canada Labour Standards Regulations — 18.1
18.1 (1) The following definitions apply in this section. Act means the Canada Labour Code . ( Loi ) week means the period between midnight on Saturday and midnight on the immediately following Saturday. ( semaine ) (2) Despite section 20, for the purposes of subsection 251.12(5) of the Act, the regular rate of wages of an employee who is paid on a basis other than an hourly rate is calculated or determined in accordance with this section. (3) Subject to subsections (5) to (7), if the employee worked for at least one hour during the four-week period preceding a week in which the employee attends the appeal proceeding in response to a summons by the Board, the employee’s regular rate of wages for that week is calculated by dividing the wages that the employee earned in that period by the hours that they worked during the same period, excluding overtime hours. (4) Subject to subsections (5) to (7), if the employee did not work for at least one hour in the period referred to in subsection (3) but did work for at least one hour in the preceding four-week period, their regular rate of wages is calculated using the formula set out in subsection (3) but in respect of the preceding four-week period. (5) Subject to subsections (6) and (7), if the employee is paid, in whole or in part, on a commission basis and the employee has completed at least 12 weeks of continuous employment for their employer, the employee’s regular rate of wages for the week in which the employee attends the appeal proceeding in response to a summons by the Board is calculated by dividing the amount of wages that they earned in the 12-week period preceding that week by the number of hours that the employee worked during that period, excluding overtime hours. (6) Subject to subsection (7), if a collective agreement that is binding on the employee and employer sets out a regular rate of wages that is applicable to the employee, or a method for calculating it, that rate, or the rate calculated following that method, is the employee’s regular rate of wages. (7) In the following circumstances, an employee’s regular rate of wages is the minimum wage rate referred to in Part III of the Act: (a) the employee’s regular rate of wages cannot be calculated or determined in accordance with any of subsections (3) to (6) because the employer is not required, under paragraph 24(2)(d), to keep records of hours worked by the employee each day and the employer cannot otherwise determine the number of hours that the employee worked during the applicable period; or (b) the employee’s regular rate of wages, as calculated or determined in accordance with any of subsections (3) to (6), is less than that minimum wage rate. (8) For the purposes of subsections (3) to (5), vacation pay, holiday pay, pay for leave related to pregnancy loss, personal leave pay, pay for leave for victims of family violence, bereavement leave pay, overtime pay, medical leave of absence pay and pay received under section 146.5, subsection 205(2) or 251.12(5) or section 288 of the Act are not taken into account in the calculation of wages earned. SOR/2023-65, s. 1 SOR/2025-240, s. 4
Canada Labour Standards Regulations — Canada Labour Standards Regulations
Act means the Canada Labour Code . ( Loi )
Canada Labour Standards Regulations — Canada Labour Standards Regulations
week means the period between midnight on Saturday and midnight on the immediately following Saturday. ( semaine )
Canada Labour Standards Regulations — Canada Labour Standards Regulations
basic rate of wages means the basic hourly wage rate of an employee excluding any premium or bonus rates paid under any specific conditions of his employment; ( taux de salaire de base )
Canada Labour Standards Regulations — Canada Labour Standards Regulations
employee means an employee engaged in multi-employer employment; ( employé )
Canada Labour Standards Regulations — Canada Labour Standards Regulations
employer means the employer of an employee; ( employeur )
Canada Labour Standards Regulations — Canada Labour Standards Regulations
longshoring employment means employment in the loading or unloading of ship’s cargo and in operations related to the loading or unloading of ship’s cargo; ( emploi au débardage )
Canada Labour Standards Regulations — Canada Labour Standards Regulations
multi-employer employment means longshoring employment in any port in Canada where by custom the employee engaged in such employment would in the usual course of a working month be ordinarily employed by more than one employer; ( travail au service de plusieurs employeurs )
Canada Labour Standards Regulations — Canada Labour Standards Regulations
multi-employer unit means an association of employers designated by the Minister as a multi-employer unit. ( groupe de plusieurs employeurs )
Canada Labour Standards Regulations — 20
20 (1) Subject to subsections (2) and (3), for the purposes of calculating and determining the regular hourly rate of wages of employees who are paid on any basis of time other than hourly, an employer shall divide the wages paid for work performed by the number of hours required to perform the work. (2) The regular hourly rate of wages for the purposes of paragraph 174(1)(a) and subsections 174(4) and (5), 197(1) and 205(2) of the Act may be the rate agreed on under a collective agreement that is binding on the employer and the employee. (3) For the purposes of subsection (1), (a) the wages paid for work performed do not include vacation pay, holiday pay, pay for leave related to pregnancy loss, personal leave pay, pay for leave for victims of family violence, bereavement leave pay, medical leave of absence pay and overtime pay; and (b) the number of hours required to perform the work does not include hours for which an overtime rate of wages has been paid. SOR/79-309, s. 3; SOR/91-461, s. 19; SOR/2014-305, s. 5 SOR/2022-41, s. 4 SOR/2025-240, s. 6
Canada Labour Standards Regulations — 21
21 Where board or living quarters or both are furnished by or on behalf of an employer to an employee and the arrangement is accepted by the employee, the amount by which the wages of the employee may be reduced, for any pay period, below the minimum hourly wage established under section 178 of the Act either by deduction from wages or by payment from the employee to the employer for such board or living quarters, shall not exceed (a) for board, $0.50 for each meal; and (b) for living quarters, $0.60 per day. SOR/91-461, s. 19; SOR/94-668, s. 6
Canada Labour Standards Regulations — 22
22 For the purposes of calculating and determining wages, the monetary value of any board, lodging or any remuneration other than money received by an employee in respect of his employment shall be of the amount that has been agreed upon between the employer and the employee, or where there is no such agreement or the amount agreed upon unduly affects the wages of the employee, the amount as may be determined by the Head of Compliance and Enforcement. SOR/2021-118, s. 2
Canada Labour Standards Regulations — 23
23 (1) Where an employer is required to pay wages to an employee or an employee is entitled to payment of wages by the employer and the employee cannot be found for the purposes of making such payment, the employer shall, not later than six months after the wages became due and payable, pay the wages to the Head of Compliance and Enforcement and such payment shall be deemed to be payment to the employee. (1.1) Prior to paying the wages to the Head of Compliance and Enforcement under subsection (1), the employer shall, not later than two months after the wages become due and payable, by written notice delivered personally or sent by registered mail to the employee’s last known address, inform the employee of the wages to which the employee is entitled. (2) The Head of Compliance and Enforcement shall deposit any amounts received under subsection (1) to the credit of the Receiver General in an account to be known as the “Labour Standards Suspense Account”, and the Head of Compliance and Enforcement may authorize payments out of the Account to any employee whose wages are held therein. (3) The Head of Compliance and Enforcement shall keep a record of receipts and disbursements from the Labour Standards Suspense Account. SOR/91-461, s. 20 SOR/2021-118, s. 2
Canada Labour Standards Regulations — 23.1
23.1 (1) For the purposes of subsection 238.1(1) of the Act, the factors to consider in determining whether or not an expense is work-related are (a) whether the expense is connected to the employee’s performance of work; (b) whether the expense enables an employee to perform work; (c) whether incurring the expense is required by the employer as a condition of employment or continued employment; (d) whether the expense satisfies a requirement for the employee’s work imposed by an occupational health or safety standard; and (e) whether the expense is incurred for a legitimate business purpose and not for personal use or enjoyment. (2) For the purposes of subsection 238.1(1) of the Act, the factors to consider in determining whether or not an expense is reasonable are (a) whether the expense is connected to the employee’s performance of work; (b) whether the expense is incurred to enable an employee to perform work; (c) whether it is incurred at the request of the employer; (d) whether any amount of expense is incurred beyond the amount necessary to enable the performance of the work; (e) whether the expense is one that is normally reimbursed by employers in similar industries; (f) whether the employer authorized the expense in advance; (g) whether the expense is incurred by the employee in good faith; and (h) whether the claim includes documentation, such as a receipt or invoice, that indicates that the expense was incurred. (3) For the purposes of paragraph 238.1(3)(c) of the Act, the time limit for the employer to pay the employee any amount that is payable is 30 days after the day on which the employee submits the claim for payment. SOR/2023-79, s. 2