GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 111.01
Administrative monetary penalties 111.01 (1) The Governor in Council may make regulations establishing an administrative monetary penalties scheme for the purpose of promoting compliance with subsections 94(4) and (6), including regulations (a) designating as a violation the contravention of subsection 94(4) or (6); (b) respecting the administrative monetary penalties that may be imposed for a violation, including in relation to (i) the amount, or range of amounts, of the administrative monetary penalties that may be imposed on employers or classes of employers, (ii) the factors to be taken into account in imposing an administrative monetary penalty, (iii) the payment of administrative monetary penalties that have been imposed, and (iv) the recovery, as a debt, of unpaid administrative monetary penalties; (c) respecting the persons or classes of persons who are considered a party to the violation and the amount, or range of amounts, of the administrative monetary penalties for which they are liable; (d) respecting what constitutes sufficient proof that a violation was committed; (e) respecting the powers, duties and functions of the Board and of any person or class of persons who may exercise powers or perform duties or functions with respect to the scheme, including the designation of such persons or classes of persons by the Board; (f) respecting the proceedings in respect of a violation, including in relation to (i) commencing the proceedings, (ii) the defences that may be available in respect of a violation, and (iii) the circumstances in which the proceedings may be brought to an end; and (g) respecting reviews or appeals of any orders or decisions in the proceedings. Violation or offence (2) If an act or omission may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other. 2024, c. 12, s. 14
Canada Labour Code — L-2 111.1
Delegation 111.1 The Minister may delegate to the head of the Federal Mediation and Conciliation Service his or her powers of appointment under this Act. 1998, c. 26, s. 52
Canada Labour Code — L-2 112
Documents as evidence 112 (1) Any document purporting to contain or to be a copy of any order or decision of the Board and purporting to be signed by a member of the Board is admissible in any court in evidence without proof of the signature or official character of the person appearing to have signed the document and without further proof thereof. Certificate of Minister is evidence (2) A certificate purporting to be signed by the Minister or an official of the Federal Mediation and Conciliation Service stating that a report, request or notice was or was not received or given by the Minister pursuant to this Part and, if so received or given, stating the date on which it was so received or given, is admissible in any court in evidence without proof of the signature or official character of the person appearing to have signed the certificate and without further proof thereof. R.S., 1985, c. L-2, s. 112; 1998, c. 26, s. 53
Canada Labour Code — L-2 113
Late report not invalid 113 The failure of a conciliation officer, conciliation commissioner or conciliation board to report to the Minister within a period limited by this Part does not invalidate the proceeding or terminate the authority of the conciliation officer, conciliation commissioner or conciliation board. 1972, c. 18, s. 1
Canada Labour Code — L-2 114
Defect in form or irregularity 114 No proceeding under this Part is invalid by reason only of a defect in form or a technical irregularity. 1972, c. 18, s. 1
Canada Labour Code — L-2 115
Collective agreement to be filed 115 Each party to a collective agreement shall, forthwith on its execution, file one copy of the collective agreement with the Minister. 1972, c. 18, s. 1
Canada Labour Code — L-2 116
Remuneration and expenses 116 The members of an Industrial Inquiry Commission, the members of a conciliation board and every person not employed in the federal public administration who acts as a conciliation officer or conciliation commissioner or who functions under this Part in any other capacity at the request of the Minister, except as an arbitrator or arbitration board chairperson, shall be paid such remuneration and expenses as may be fixed by the Governor in Council by regulation or by order. R.S., 1985, c. L-2, s. 116; 1998, c. 26, s. 59(E); 2003, c. 22, s. 224(E)
Canada Labour Code — L-2 117
Persons deemed not to be employed in public service 117 Unless the Governor in Council otherwise orders in a case or class of cases, a person appointed under this Part shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act . R.S., 1985, c. L-2, s. 117; 2003, c. 22, s. 225(E)
Canada Labour Code — L-2 118
Witness fees and expenses 118 A person who is summoned by the Board, a conciliation board, a conciliation commissioner or an Industrial Inquiry Commission to attend as a witness in any proceeding taken under this Part, and who so attends, is entitled to be paid an allowance for expenses and a witness fee, determined in accordance with the scale for the time being in force with respect to witnesses in civil suits in the superior court of the province in which the proceeding is being taken. 1972, c. 18, s. 1
Canada Labour Code — L-2 119
Not required to give evidence — Part I 119 (1) No member of a conciliation board or no conciliation officer, conciliation commissioner, officer or employee employed in the federal public administration or person appointed by the Board or the Minister under this Part shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Part. Not required to give evidence — Act (1.1) No member of the Board or no external adjudicator shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Act. Chief Administrator and employees not required to give evidence (2) Neither the Chief Administrator nor an employee of the Administrative Tribunals Support Service of Canada shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties in providing services to the Board. R.S., 1985, c. L-2, s. 119; 1999, c. 31, s. 162(E); 2003, c. 22, s. 224(E); 2014, c. 20, s. 420 2017, c. 20, s. 336
Canada Labour Code — L-2 119.1
No disclosure 119.1 For greater certainty, the following may not be disclosed without the consent of the person who made them: (a) notes or draft orders or decisions of the Board or any of its members, of an external adjudicator or of an arbitrator or arbitration board chairperson appointed by the Minister under this Part; and (b) notes or draft reports of persons appointed by the Minister under this Part to assist in resolving disputes or differences, or of persons authorized or designated by the Board to assist in resolving complaints or issues in dispute before the Board. 1998, c. 26, s. 54 2017, c. 20, s. 337
Canada Labour Code — L-2 120
Where uniform provincial legislation 120 (1) Where this Part and legislation enacted by the legislature of a province are substantially uniform, the Minister may, on behalf of the Government of Canada, with the approval of the Governor in Council, enter into an agreement with the government of the province to provide for the administration of the legislation of the province by officers and employees employed in the federal public administration. Agreement for administration by Canada (2) An agreement made pursuant to subsection (1) in respect of the administration of any legislation of a province may provide (a) for the administration by Canada of the legislation of the province with respect to any particular work, undertaking or business; (b) that the Minister may, on behalf of the province, exercise the powers conferred or perform the duties imposed under the legislation of the province; (c) that the members of the Board, or officers and employees employed in the federal public administration, may exercise the powers conferred or perform the duties imposed under the legislation of the province; and (d) for payment by the government of the province to the Government of Canada for expenses incurred by the Government of Canada in the administration of the legislation of the province. Where powers or duties conferred by provincial legislation (3) Where an agreement has been entered into between the Government of Canada and the government of a province in respect of any legislation of the province, the Minister, the members of the Board and any officers or employees employed in the federal public administration may, if the legislation so provides and the Governor in Council so orders, exercise the powers and perform the duties specified in the legislation or agreement. R.S., 1985, c. L-2, s. 120; 2003, c. 22, s. 224(E)
Canada Labour Code — L-2 121
Annual report of Board 121 (1) The Board shall, on or before January 31 next following the end of each fiscal year, submit to the Minister a report on the activities of the Board during the immediately preceding fiscal year and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. (2) [Repealed, 1996, c. 11, s. 65] R.S., 1985, c. L-2, s. 121; 1996, c. 11, s. 65
Canada Labour Code — L-2 121.1
Provincial Crown corporations 121.1 The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act . 1996, c. 12, s. 1; 1997, c. 9, s. 125
Canada Labour Code — L-2 121.2
Exclusion from application 121.2 (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any of the provisions of this Part any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act . Regulations (2) On the recommendation of the Minister, the Governor in Council may make regulations respecting any matter relating to industrial relations, including the prevention of a work stoppage or the continuation or resumption of operations, in relation to employment that is subject to a regulation made pursuant to subsection (1). Incorporation of provincial law (3) A regulation made under subsection (2) incorporating by reference, in whole or in part, an Act of the legislature of a province or an instrument made under such an Act may incorporate the Act or instrument as amended to a certain date or from time to time. Application of regulation (4) A regulation made under subsection (2) may apply (a) generally, with respect to all employment that is subject to a regulation made pursuant to subsection (1); or (b) to any class or classes of employment that are subject to a regulation made pursuant to subsection (1). Administration and enforcement (5) A regulation made under subsection (2) incorporating an Act or instrument shall, after consultation by the Minister with the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration and enforcement of the Act or instrument. Offence and penalty (6) Subject to subsection (7), every person who contravenes a regulation made under subsection (2) by contravening a provision of an Act of the legislature of a province that, or an instrument made under such an Act that, is incorporated by the regulation is guilty of an offence against this Act and liable to the same punishment as is imposed by or under an Act of that legislature for the contravention of that provision. Defence (7) No person may be convicted of an offence or subjected to a punishment for a contravention described in subsection (6) unless it is proved that, at the time of the alleged contravention, (a) the incorporated Act or instrument was reasonably accessible to the person; (b) reasonable steps had been taken to ensure that the incorporated Act or instrument was accessible to persons likely to be affected by the regulation; or (c) the incorporated Act or instrument had been published in the official gazette of the province or as otherwise authorized by the legislature of the province. Procedure (8) The prosecution of a contravention described in subsection (6) shall be commenced by the attorney general of the province in which the offence was committed. 1996, c. 12, s. 1; 1997, c. 9, s. 125
Canada Labour Code — L-2 121.3
Non-application of Statutory Instruments Act 121.3 Subsection 5(1) of the Statutory Instruments Act does not apply to a regulation made pursuant to section 121.1 or 121.2. 1996, c. 12, s. 1
Canada Labour Code — L-2 121.4
Definition of regulation 121.4 (1) In this section, regulation means a regulation made under subsection 121.2(2). Bargaining agents (2) A bargaining agent that represents a bargaining unit immediately before the time when a regulation is made to which the employees in the bargaining unit are subject continues, at that time, to represent the bargaining unit for the purposes of the application of the regulation. Collective agreements continued (3) Every collective agreement that is in force immediately before the time when a regulation is made that applies to employees who are subject to the collective agreement continues in force, at that time, under the regulation until its term expires. Notice to bargain (4) A notice to bargain given under this Part is deemed, at the time when a regulation is made to which the employees who are affected by the notice to bargain are subject, to have been given pursuant to the regulation on the day on which it was given. Acquired rights, etc. (5) Any rights, privileges or duties acquired under this Part by the bargaining unit, bargaining agent, employer or employees before the time when a regulation is made are deemed to have been acquired pursuant to the regulation on the day on which they were acquired. Decisions (6) A person or authority that, under an Act of the legislature of a province, is competent to decide a matter that is contemplated by this section in relation to a provision of an Act of the legislature of a province or an instrument made under such an Act may, on application by the employer or bargaining agent or, where the person or authority considers it appropriate, an employee, decide any matter that is contemplated by this section in relation to a regulation incorporating that provision. 1996, c. 12, s. 1
Canada Labour Code — L-2 121.5
Regulations 121.5 Notwithstanding section 121.4, the Governor in Council may make regulations respecting any matter referred to in that section in relation to a regulation made under subsection 121.2(2). 1996, c. 12, s. 1
Canada Labour Code — L-2 122
Definitions 122 (1) In this Part, appeals officer [Repealed, 2017, c. 20, s. 338] Board [Repealed, 2017, c. 20, s. 338] collective agreement has the same meaning as in section 166; ( convention collective ) danger means any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered; ( danger ) employee means a person employed by an employer; ( employé ) employer means a person who employs one or more employees and includes an employers’ organization and any person who acts on behalf of an employer; ( employeur ) harassment and violence means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment; ( harcèlement et violence ) hazardous substance includes a hazardous product and a chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the safety or health of a person exposed to it; ( substance dangereuse ) health and safety officer [Repealed, 2013, c. 40, s. 176] health and safety representative means a person who is appointed as a health and safety representative under section 136; ( représentant ) policy committee means a policy health and safety committee established under section 134.1; ( comité d’orientation ) prescribe means prescribe by regulation of the Governor in Council or determine in accordance with rules prescribed by regulation of the Governor in Council; ( règlement ) regional health and safety officer [Repealed, 2013, c. 40, s. 176] regional safety officer [Repealed, 2000, c. 20, s. 2] safety means protection from danger and hazards arising out of, linked with or occurring in the course of employment; ( sécurité ) safety and health committee [Repealed, 2000, c. 20, s. 2] safety and health representative [Repealed, 2000, c. 20, s. 2] safety officer [Repealed, 2000, c. 20, s. 2] work place means any place where an employee is engaged in work for the employee’s employer; ( lieu de travail ) work place committee means a work place health and safety committee established under section 135. ( comité local ) Definitions (2) In this Part, hazardous product , label and safety data sheet have the same meanings as in section 2 of the Hazardous Products Act . Idem (3) Except where otherwise provided in this Part, all other words and expressions have the same meanings as in Part I. R.S., 1985, c. L-2, s. 122; R.S., 1985, c. 9 (1st Supp.), s. 1, c. 24 (3rd Supp.), s. 3; 1993, c. 42, s. 3; 1998, c. 26, s. 55; 2000, c. 20, s. 2; 2013, c. 40, s. 176; 2014, c. 20, s. 139 2017, c. 20, s. 338 2018, c. 22, s. 0.1
Canada Labour Code — L-2
appeals officer [Repealed, 2017, c. 20, s. 338]
Canada Labour Code — L-2
collective agreement has the same meaning as in section 166; ( convention collective )
Canada Labour Code — L-2
danger means any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered; ( danger )
Canada Labour Code — L-2
employee means a person employed by an employer; ( employé )
Canada Labour Code — L-2
employer means a person who employs one or more employees and includes an employers’ organization and any person who acts on behalf of an employer; ( employeur )
Canada Labour Code — L-2
harassment and violence means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment; ( harcèlement et violence )
Canada Labour Code — L-2
hazardous substance includes a hazardous product and a chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the safety or health of a person exposed to it; ( substance dangereuse )
Canada Labour Code — L-2
health and safety officer [Repealed, 2013, c. 40, s. 176]
Canada Labour Code — L-2
health and safety representative means a person who is appointed as a health and safety representative under section 136; ( représentant )
Canada Labour Code — L-2
policy committee means a policy health and safety committee established under section 134.1; ( comité d’orientation )
Canada Labour Code — L-2
prescribe means prescribe by regulation of the Governor in Council or determine in accordance with rules prescribed by regulation of the Governor in Council; ( règlement )
Canada Labour Code — L-2
regional health and safety officer [Repealed, 2013, c. 40, s. 176]
Canada Labour Code — L-2
regional safety officer [Repealed, 2000, c. 20, s. 2]
Canada Labour Code — L-2
safety means protection from danger and hazards arising out of, linked with or occurring in the course of employment; ( sécurité )
Canada Labour Code — L-2
safety and health committee [Repealed, 2000, c. 20, s. 2]
Canada Labour Code — L-2
safety and health representative [Repealed, 2000, c. 20, s. 2]
Canada Labour Code — L-2
safety officer [Repealed, 2000, c. 20, s. 2]
Canada Labour Code — L-2
work place means any place where an employee is engaged in work for the employee’s employer; ( lieu de travail )
Canada Labour Code — L-2
work place committee means a work place health and safety committee established under section 135. ( comité local )
Canada Labour Code — L-2 122.1
Prevention of accidents, injuries and illnesses 122.1 The purpose of this Part is to prevent accidents, occurrences of harassment and violence and physical or psychological injuries and illnesses arising out of, linked with or occurring in the course of employment to which this Part applies. R.S., 1985, c. 9 (1st Supp.), s. 1 2018, c. 22, s. 1
Canada Labour Code — L-2 122.2
Preventive measures 122.2 Preventive measures should consist first of the elimination of hazards, then the reduction of hazards and finally, the provision of personal protective equipment, clothing, devices or materials, all with the goal of ensuring the health and safety of employees. 2000, c. 20, s. 3
Canada Labour Code — L-2 122.21
Head of Compliance and Enforcement 122.21 (1) The Minister may designate a person as Head of Compliance and Enforcement. No designation made (2) If no Head is designated under subsection (1), the Minister shall exercise the powers and perform the duties and functions of the Head. 2018, c. 27, s. 536
Canada Labour Code — L-2 122.3
Rights of employees 122.3 (1) An employee with a special need shall be given any direction, notice, information, instruction or training that is required to be given to employees under this Part by any method of communication that readily permits the employee to receive it, including braille, large print, audio tape, computer disk, sign language and verbal communication. Meaning of special need (2) For the purposes of this section, an employee has a special need if the employee is affected by a condition that impairs their ability to receive any direction, notice, information, instruction or training given by a method that would otherwise be sufficient under this Part. 2000, c. 20, s. 3