GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 160
Application of certain provisions 160 Subsections 121.2(3) to (8) apply, with such modifications as the circumstances require, in respect of a regulation made pursuant to subsection 159(2) except that the references to “subsection (2)” in subsections 121.2(3) to (6) shall be read as references to subsection 159(2). R.S., 1985, c. L-2, s. 160; R.S., 1985, c. 9 (1st Supp.), s. 4; 1996, c. 12, s. 3
Canada Labour Code — L-2 161
Pilot projects 161 Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve the prevention of accidents, injuries and illnesses arising out of, linked with or occurring in the course of employment to which this Part applies, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project, and adapting any such provision for the purposes of that application. R.S., 1985, c. L-2, s. 161 R.S., 1985, c. 9 (1st Supp.), s. 4 2018, c. 22, s. 15
Canada Labour Code — L-2 162
Repeal of regulations 162 Unless they are repealed earlier, regulations made under section 161 are repealed on the fifth anniversary of the day on which they come into force. R.S., 1985, c. L-2, s. 162 R.S., 1985, c. 9 (1st Supp.), s. 4 2018, c. 22, s. 15
Canada Labour Code — L-2 163 to 165
163 to 165 [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 4]
Canada Labour Code — L-2 166
Definitions 166 In this Part, collective agreement means an agreement in writing containing terms or conditions of employment of employees, including provisions with reference to rates of pay, hours of work and settlement by a third party of disagreements arising in the application of the agreement, between (a) an employer or an employers’ organization acting on behalf of an employer, and (b) a trade union acting on behalf of the employees in collective bargaining or as a party to an agreement with the employer or employers’ organization; ( convention collective ) day means any period of twenty-four consecutive hours; ( jour ) employer means any person who employs one or more employees; ( employeur ) general holiday means New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, National Day for Truth and Reconciliation, which is observed on September 30, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day and includes any day substituted for any such holiday under section 195; ( jours fériés ) health care practitioner means a person lawfully entitled, under the laws of a province, to provide health services in the place in which they provide those services; ( professionnel de la santé ) industrial establishment means any federal work, undertaking or business and includes any branch, section or other division of a federal work, undertaking or business that is designated as an industrial establishment by regulations made under paragraph 264(1)(b); ( établissement ) inspector [Repealed, 2018, c. 27, s. 569] order means any order of the Minister made pursuant to this Part or the regulations; ( arrêté ) overtime means hours of work in excess of standard hours of work; ( heures supplémentaires ) qualified medical practitioner [Repealed, 2018, c. 27, s. 442] regional director [Repealed, 2018, c. 27, s. 569] standard hours of work means the hours of work established pursuant to section 169 or 170 or in any regulations made pursuant to section 175; ( durée normale du travail ) trade union means any organization of employees formed for purposes that include the regulation of relations between employers and employees; ( syndicat ) wages includes every form of remuneration for work performed but does not include tips and other gratuities; ( salaire ) week means, in relation to Division I, the period between midnight on Saturday and midnight on the immediately following Saturday. ( semaine ) R.S., 1985, c. L-2, s. 166; 1993, c. 42, s. 12; 1996, c. 11, s. 66; 2005, c. 34, s. 79; 2013, c. 40, s. 237 2015, c. 36, s. 88 2018, c. 27, s. 442 2018, c. 27, s. 569 2021, c. 11, s. 4
Canada Labour Code — L-2 (a)
collective agreement means an agreement in writing containing terms or conditions of employment of employees, including provisions with reference to rates of pay, hours of work and settlement by a third party of disagreements arising in the application of the agreement, between (a) an employer or an employers’ organization acting on behalf of an employer, and (b) a trade union acting on behalf of the employees in collective bargaining or as a party to an agreement with the employer or employers’ organization; ( convention collective )
Canada Labour Code — L-2
day means any period of twenty-four consecutive hours; ( jour )
Canada Labour Code — L-2
employer means any person who employs one or more employees; ( employeur )
Canada Labour Code — L-2
general holiday means New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, National Day for Truth and Reconciliation, which is observed on September 30, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day and includes any day substituted for any such holiday under section 195; ( jours fériés )
Canada Labour Code — L-2
health care practitioner means a person lawfully entitled, under the laws of a province, to provide health services in the place in which they provide those services; ( professionnel de la santé )
Canada Labour Code — L-2
industrial establishment means any federal work, undertaking or business and includes any branch, section or other division of a federal work, undertaking or business that is designated as an industrial establishment by regulations made under paragraph 264(1)(b); ( établissement )
Canada Labour Code — L-2
inspector [Repealed, 2018, c. 27, s. 569]
Canada Labour Code — L-2
order means any order of the Minister made pursuant to this Part or the regulations; ( arrêté )
Canada Labour Code — L-2
overtime means hours of work in excess of standard hours of work; ( heures supplémentaires )
Canada Labour Code — L-2
qualified medical practitioner [Repealed, 2018, c. 27, s. 442]
Canada Labour Code — L-2
regional director [Repealed, 2018, c. 27, s. 569]
Canada Labour Code — L-2
standard hours of work means the hours of work established pursuant to section 169 or 170 or in any regulations made pursuant to section 175; ( durée normale du travail )
Canada Labour Code — L-2
trade union means any organization of employees formed for purposes that include the regulation of relations between employers and employees; ( syndicat )
Canada Labour Code — L-2
wages includes every form of remuneration for work performed but does not include tips and other gratuities; ( salaire )
Canada Labour Code — L-2
week means, in relation to Division I, the period between midnight on Saturday and midnight on the immediately following Saturday. ( semaine )
Canada Labour Code — L-2 167
Application of Part 167 (1) This Part applies (a) to employment in 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) to and in respect of employees who are employed in or in connection with any federal work, undertaking or business described in paragraph (a); (c) to and in respect of any employers of the employees described in paragraph (b); (d) to and in respect of any corporation established to perform any function or duty on behalf of the Government of Canada other than a department as defined in the Financial Administration Act ; and (e) to or in respect of any 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 other persons (1.1) Subject to subsection (1.2), 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. Exception (1.2) Except to the extent provided for in the regulations, this Part does not apply to a person referred to in subsection (1.1) or, in relation to the person, the employer, if the person performs the activities to fulfil the requirements of a program that is offered by a secondary or post-secondary educational institution, vocational school, or equivalent educational institution outside Canada, specified or described in the regulations. Non-application of Division I to certain employees (2) Division I does not apply to or in respect of employees who (a) are managers or superintendents or exercise management functions; or (b) are members of such professions as may be designated by regulation as professions to which Division I does not apply. Non-application of Division XIV to managers (3) Division XIV does not apply to or in respect of employees who are managers. R.S., 1985, c. L-2, s. 167; R.S., 1985, c. 9 (1st Supp.), s. 5; 1993, c. 28, s. 78, c. 38, s. 90; 2002, c. 7, s. 98(E) 2015, c. 36, s. 89 2017, c. 33, s. 217
Canada Labour Code — L-2 167.01
Presumption 167.01 (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. 242
Canada Labour Code — L-2 167.1
Prohibition 167.1 An employer is prohibited from treating an employee as if they were not their employee. 2018, c. 27, s. 443 2024, c. 17, s. 242
Canada Labour Code — L-2 167.2
Burden of proof 167.2 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. 2018, c. 27, s. 443 2024, c. 17, s. 242
Canada Labour Code — L-2 168
Saving more favourable benefits 168 (1) This Part and all regulations made under this Part apply notwithstanding any other law or any custom, contract or arrangement, but nothing in this Part shall be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable to the employee than his rights or benefits under this Part. Where collective agreement applies exclusively (1.1) Divisions II, IV, V and VIII do not apply to an employer and employees who are parties to a collective agreement that confers on employees rights and benefits at least as favourable as those conferred by those respective Divisions in respect of length of leave, rates of pay and qualifying periods for benefits, and, in respect of employees to whom the third party settlement provisions of such a collective agreement apply, the settlement of disagreements relating to those matters is governed exclusively by the collective agreement. Sunday (2) Nothing in this Part authorizes the doing of any work on Sunday that is prohibited by law. R.S., 1985, c. L-2, s. 168; 1993, c. 42, s. 13
Canada Labour Code — L-2 169
Standard hours of work 169 (1) Except as otherwise provided by or under this Division (a) the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week; and (b) no employer shall cause or permit an employee to work longer hours than eight hours in any day or forty hours in any week. Averaging (2) Where the nature of the work in an industrial establishment necessitates irregular distribution of the hours of work of an employee, the hours of work in a day and the hours of work in a week may be calculated, in such manner and in such circumstances as may be prescribed by the regulations, as an average for a period of two or more weeks. Duration of averaging (2.1) The averaged hours of work calculated pursuant to subsection (2) remain in effect (a) where the averaging of hours of work is agreed to in writing by an employer and a trade union, for the duration of that agreement or for such shorter period as is agreed to by the parties; or (b) where the averaging of hours of work is not agreed to in writing by an employer and a trade union, for no longer than three years. General holidays in week (3) In a week in which one or more general holidays occur that under Division V entitle an employee to holidays with pay in that week, the hours of work of the employee in that week shall be reduced by the standard hours of work for each general holiday in that week and, for the purposes of this subsection, in calculating the time worked by an employee in any such week, no account shall be taken of any time worked by the employee on the holidays or of any time during which the employee was at the disposal of his employer during the holidays. R.S., 1985, c. L-2, s. 169; 1993, c. 42, s. 14
Canada Labour Code — L-2 169.1
Break 169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes during every period of five consecutive hours of work. If the employer requires the employee to be at their disposal during the break period, the employee must be paid for the break. Exception (2) An employer may postpone or cancel the break set out in subsection (1) if it is necessary for the employee to work in order 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. 2018, c. 27, s. 444
Canada Labour Code — L-2 169.2
Rest period 169.2 (1) Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours between work periods or shifts. Exception (2) Despite subsection (1), an employer may require that an employee work additional hours to their scheduled work periods or shifts which would result in them having a rest period of fewer than eight consecutive hours between their work periods or shifts if it is necessary for the employee to work in order 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. 2018, c. 27, s. 444
Canada Labour Code — L-2 170
Modified work schedule — collective agreement 170 (1) An employer may, in respect of one or more employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if (a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and (b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union. Modified work schedule (2) Subject to subsection (3), an employer may, in respect of one or more employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in paragraph 169(1)(a) if (a) the average hours of work for a period of two or more weeks does not exceed forty hours a week; and (b) the schedule, or its modification or cancellation, has been approved (i) in the case of one employee’s schedule, in writing by that employee, or (ii) in the case of more than one employee’s schedule, by at least 70% of the affected employees. Posting of notice (3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect. Exception (4) Subsection (3) does not apply to the establishment, modification or cancellation of one employee’s work schedule that results from a request made under subsection 177.1(1). R.S., 1985, c. L-2, s. 170; 1993, c. 42, s. 15 2017, c. 33, s. 195
Canada Labour Code — L-2 171
Maximum hours of work 171 (1) An employee may be employed in excess of the standard hours of work but, subject to sections 172, 176 and 177, and to any regulations made pursuant to section 175, the total hours that may be worked by any employee in any week shall not exceed forty-eight hours in a week or such fewer total number of hours as may be prescribed by the regulations as maximum working hours in the industrial establishment in or in connection with the operation of which the employee is employed. Averaging (2) Subsection 169(2) applies in the computation of the maximum hours of work in a week prescribed under this section. R.S., c. L-1, s. 30; R.S., c. 17(2nd Supp.), s. 4; 1977-78, c. 27, s. 6
Canada Labour Code — L-2 172
Maximum hours of work — collective agreement 172 (1) An employer may, in respect of one or more employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if (a) the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and (b) the schedule, or its modification or cancellation, is agreed to in writing by the employer and the trade union. Maximum hours of work (2) Subject to subsection (3), an employer may, in respect of one or more employees not subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or in regulations made under section 175 if (a) the average hours of work for a period of two or more weeks does not exceed forty-eight hours a week; and (b) the schedule, or its modification or cancellation, has been approved (i) in the case of one employee’s schedule, in writing by that employee, or (ii) in the case of more than one employee’s schedule, by at least 70% of the affected employees. Posting of notice (3) Where a work schedule is to be established, modified or cancelled pursuant to subsection (2), the employer shall post a notice of the new schedule, or of its modification or cancellation, in readily accessible places where it is likely to be seen by the affected employees, for at least thirty days before the new schedule or its modification or cancellation takes effect. Exception (4) Subsection (3) does not apply to the establishment, modification or cancellation of one employee’s work schedule following a request made under subsection 177.1(1). R.S., 1985, c. L-2, s. 172; 1993, c. 42, s. 16 2017, c. 33, s. 196
Canada Labour Code — L-2 172.1
Vote 172.1 (1) If a work schedule is established, modified or cancelled under subsection 170(2) or 172(2), any affected employee may, within ninety days after the new schedule or its modification or cancellation takes effect, request that the Head conduct a vote to determine whether seventy per cent of the affected employees approve the new schedule or its modification or cancellation. Duty of Head (2) If a request is made under subsection (1), the Head must conduct a secret vote to determine the percentage of the affected employees that approves the new schedule or the modification or cancellation. Confidentiality (3) A request made under subsection (1), the ballots and any other documents relating to the vote are confidential and shall not be given to the employer. Counting of ballots (4) The Head must count the ballots in the presence of a representative chosen by the affected employees and a representative chosen by the employer. Communication of result of vote (5) The Head must inform the employer, by written notice, of the result. Effect of non-approval (6) If the result of the vote indicates that less than 70% of the affected employees approve the new schedule or its modification or cancellation, the employer must comply with the result of the vote within 30 days after being informed of that result by the Head. Regulations (7) The Governor in Council may make regulations respecting the conduct of votes under this section. Statutory Instruments Act not applicable (8) The Statutory Instruments Act does not apply in respect of the written notice given by the Head to the employer under subsection (5). 1993, c. 42, s. 16 2018, c. 27, s. 570
Canada Labour Code — L-2 172.2
Duration 172.2 (1) A work schedule that is established or modified under subsection 170(1) or 172(1) remains in effect for the duration of the written agreement between the employer and the trade union. Idem (2) A work schedule that is established or modified under subsection 170(2) or 172(2) remains in effect for three years or for such shorter period as is agreed to by the parties. 1993, c. 42, s. 16
Canada Labour Code — L-2 173
Scheduling hours of work 173 Except as may be otherwise prescribed by the regulations, hours of work in a week shall be so scheduled and actually worked that each employee has at least one full day of rest in the week, and, wherever practicable, Sunday shall be the normal day of rest in the week. R.S., c. L-1, s. 31
Canada Labour Code — L-2 173.01
Notice — work schedule 173.01 (1) The employer shall provide an employee with their work schedule in writing at least 96 hours before the start of the employee’s first work period or shift under that schedule. Right to refuse (2) Subject to subsection (3), an employee may refuse to work any work period or shift in their schedule that starts within 96 hours from the time that the schedule is provided to them. Exception (3) An employee shall not refuse to work a work period or shift if it is necessary for them to work in order 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) (4) Subsection (1) does not apply to a change to an employee’s work schedule following a request made under subsection 177.1(1). Prohibition (5) An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has refused to work a work period or shift under subsection (2) or take such a refusal into account in any decision to promote or train the employee. Non-application of subsection 196(4) (6) Subsection 196(4) does not apply in respect of a work period or shift that an employee refuses to work under subsection (2). Non-application — collective agreement (7) This section does not apply to employees who are employed under the terms of a collective agreement that specifies an alternate time frame for providing the work schedule or provides that this section does not apply to those employees. 2018, c. 27, s. 445