GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 224
Appointment of arbitrator 224 (1) The Minister may, on application under subsection 223(1), appoint an arbitrator to assist the joint planning committee in the development of an adjustment program and to resolve any matters in dispute respecting the adjustment program. The Minister shall notify and send a statement of matters in dispute (2) Where an arbitrator is appointed under subsection (1), the Minister shall forthwith (a) notify, in writing, the joint planning committee of the decision to appoint an arbitrator and of the name of the arbitrator; and (b) if the application under subsection 223(1) sets out matters in dispute respecting an adjustment program, send to the arbitrator and to the joint planning committee a statement setting out any matters in dispute respecting the adjustment program that the arbitrator is to resolve. Restriction on matters included in statement (3) A statement referred to in subsection (2) shall be restricted to such of those matters set out in the application under subsection 223(1) as the Minister deems appropriate and as are normally the subject-matter of collective agreement in relation to termination of employment. Duty of arbitrator (4) An arbitrator shall assist the joint planning committee in the development of an adjustment program and the arbitrator, if sent a statement pursuant to subsection (2), shall, within four weeks after receiving the statement or such longer period as the Minister may specify, (a) consider the matters set out in the statement; (b) render a decision thereon; and (c) send a copy of the decision with the reasons therefor to the joint planning committee and to the Minister. Restriction (5) An arbitrator may not (a) review the decision of the employer to terminate the employment of the redundant employees; or (b) delay the termination of employment of the redundant employees. Powers of arbitrator (6) In relation to any proceeding before an arbitrator under this section, the arbitrator may (a) determine the procedure to be followed; (b) administer oaths and solemn affirmations; (c) receive and accept such evidence and information on oath, affidavit or otherwise as the arbitrator sees fit, whether or not the evidence is admissible in a court of law; (d) make such examination of documents containing personal information relating to any redundant employee and such inquiries relating to any redundant employee as the arbitrator deems necessary; (e) require an employer to post and keep posted in appropriate places any notice that the arbitrator considers necessary to bring to the attention of any redundant employees any matter relating to the proceeding; and (f) authorize any person to do anything described in paragraph (b) or (d) that the arbitrator may do and to report to the arbitrator thereon. 1980-81-82-83, c. 89, s. 32
Canada Labour Code — L-2 225
Applicable provisions 225 Sections 58 and 66 apply, with such modifications as the circumstances require, in respect of a decision of an arbitrator under section 224 as though it were a decision referred to in those sections. 1980-81-82-83, c. 89, s. 32
Canada Labour Code — L-2 226
Implementation of adjustment program 226 On completion of the development of an adjustment program, the employer shall implement the program and the joint planning committee and any trade union or redundant employees who appointed the members of the committee shall cooperate with and assist the employer in implementing the program. 1980-81-82-83, c. 89, s. 32
Canada Labour Code — L-2 227
Regulations 227 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) exempting employers from the application of this Division in respect of the termination of employment of employees employed on a seasonal or irregular basis; (b) requiring employers employing employees in a particular occupational classification, in a particular industry or in an industrial establishment that is within an area or region described in the regulations, to comply with the provisions of this Division in respect of terminations of employment of groups of employees numbering less than fifty but greater than a number prescribed in the regulations; (c) prescribing information to be set out in a notice referred to in subsection 212(1); and (d) prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of his employment by his employer. R.S., c. 17(2nd Supp.), s. 16
Canada Labour Code — L-2 228
Waiver of application of Division 228 On the submission of any person, the Minister may, by order and subject to any terms or conditions specified in the order, waive the application of this Division, or any provision thereof, in respect of any industrial establishment or of any class of employees therein specified in the order if it is shown to the satisfaction of the Minister that the application of this Division, or any provision thereof, as the case may be, in respect of any industrial establishment (a) would be or is unduly prejudicial to the interests of the employees therein or to any class of employees therein; (b) would be or is unduly prejudicial to the interests of the employer of those employees; (c) would be or is seriously detrimental to the operation of the industrial establishment; or (d) is not necessary, because measures for the assistance of redundant employees at that establishment that are substantially the same or to the same effect as the measures established by this Division or that provision, as the case may be, have been established by collective agreement or otherwise. R.S., c. 17(2nd Supp.), s. 16; 1980-81-82-83, c. 89, s. 33
Canada Labour Code — L-2 229
Application of sections 214 to 226 229 (1) Sections 214 to 226 do not apply in respect of any redundant employees who are represented by a trade union if the trade union and the employer are bound by a collective agreement containing (a) provisions that (i) specify procedures by which any matters relating to the termination of employment in the industrial establishment at which those employees are employed may be negotiated and finally settled, or (ii) are intended to minimize the impact of termination of employment on the employees represented by the trade union and to assist those employees in obtaining other employment; and (b) provisions that specify that those sections do not apply in respect of the employees represented by the trade union. Idem (2) Sections 214 to 226 do not apply in respect of any redundant employees who are represented by a trade union if the termination of the employment of those employees is the result of technological change as defined in subsection 51(1) and sections 52, 54 and 55 apply or would, but for subsection 51(2), apply to the trade union and the employer. 1980-81-82-83, c. 89, s. 33
Canada Labour Code — L-2 229.1
Application 229.1 This Division does not apply to an employee whose termination of employment is by way of dismissal for just cause. 2018, c. 27, s. 483
Canada Labour Code — L-2 230
he employee of the date of the termination of their employment. Where employer deemed to terminate employment (3) Except where otherwise prescribed by regulation, an employer shall, for the purposes of this Division, be deemed to have terminated the employment of an employee when the employer lays off that employee. R.S., 1985, c. L-2, s. 230 2018, c. 27, s. 485 2024, c. 17, s. 249
Canada Labour Code — L-2 231
Conditions of employment 231 Where notice is given by an employer pursuant to subsection 230(1), the employer (a) shall not thereafter reduce the rate of wages or alter any other term or condition of employment of the employee to whom the notice was given except with the written consent of the employee; and (b) shall, between the time when the notice is given and the date specified therein, pay to the employee his regular rate of wages for his regular hours of work. R.S., c. 17(2nd Supp.), s. 16
Canada Labour Code — L-2 232
Expiration of notice 232 Where an employee to whom notice is given by his employer pursuant to subsection 230(1) continues to be employed by the employer for more than two weeks after the date specified in the notice, his employment shall not, except with the written consent of the employee, be terminated except by way of dismissal for just cause unless the employer again complies with subsection 230(1) in respect of the employee. R.S., c. 17(2nd Supp.), s. 16
Canada Labour Code — L-2 233
Regulations 233 The Governor in Council may make regulations (a) prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of his employment by his employer; and (b) [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 11] (c) defining for the purposes of this Division the absences from employment that shall be deemed not to have interrupted continuity of employment and the expression “regular hours of work”. R.S., 1985, c. L-2, s. 233; R.S., 1985, c. 9 (1st Supp.), s. 11
Canada Labour Code — L-2 234
Application of section 189 234 Section 189 applies for the purposes of this Division. R.S., c. 17(2nd Supp.), s. 16
Canada Labour Code — L-2 235
Minimum rate 235 (1) An employer who terminates the employment of an employee who has completed twelve consecutive months of continuous employment by the employer shall, except where the termination is by way of dismissal for just cause, pay to the employee the greater of (a) two days wages at the employee’s regular rate of wages for his regular hours of work in respect of each completed year of employment that is within the term of the employee’s continuous employment by the employer, and (b) five days wages at the employee’s regular rate of wages for his regular hours of work. Clarification (1.1) The employer’s obligation to pay and the employee’s right to receive the amount under subsection (1) apply whether or not the employee has a right to avail themselves of any procedure for redress under this Part, including under subsection 240(1), with respect to the termination of their employment. Circumstances deemed to be termination and deemed not to be termination (2) For the purposes of this Division, (a) except where otherwise provided by regulation, an employer shall be deemed to have terminated the employment of an employee when the employer lays off that employee. (b) [Repealed, 2011, c. 24, s. 167] R.S., 1985, c. L-2, s. 235; R.S., 1985, c. 32 (2nd Supp.), s. 41; 2011, c. 24, s. 167 2024, c. 17, s. 250
Canada Labour Code — L-2 236
Regulations 236 The Governor in Council may make regulations for the purposes of this Division (a) prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of the employee’s employment by his employer; (b) [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 12] (c) establishing methods for determining whether severance benefits provided to an employee under a plan established by an employer are equivalent to any benefits required to be paid to the employee under this Division; and (d) defining the absences from employment that shall be deemed not to have interrupted continuity of employment and the expression “regular hours of work”. R.S., 1985, c. L-2, s. 236; R.S., 1985, c. 9 (1st Supp.), s. 12
Canada Labour Code — L-2 237
Application of section 189 237 Section 189 applies for the purposes of this Division. R.S., c. 17(2nd Supp.), s. 16
Canada Labour Code — L-2 238
Prohibition 238 No employer shall dismiss, suspend, lay off, demote or discipline an employee on the ground that garnishment proceedings may be or have been taken with respect to the employee. R.S., 1985, c. L-2, s. 238; R.S., 1985, c. 9 (1st Supp.), s. 13
Canada Labour Code — L-2 238.1
Entitlement 238.1 (1) Subject to subsection (2), an employee is entitled to and the employer shall provide reimbursement of reasonable work-related expenses. Exception (2) An employee is not entitled to be reimbursed for (a) an expense that is ineligible under any regulation made under this Division; (b) in the case of an employee who is subject to a collective agreement, an expense that the employee is required to pay in accordance with the collective agreement or any other written agreement between the trade union and the employer; or (c) in the case of an employee who is not subject to a collective agreement, an expense that the employee is required to pay in accordance with any written agreement between themselves and the employer. Payment (3) The employer shall pay the employee any amount that is payable under this section (a) in the case of an employee who is subject to a collective agreement, within the time limit set out under the collective agreement or any other written agreement between the trade union and the employer; (b) in the case of an employee who is not subject to a collective agreement, within the time limit set out under a written agreement between themselves and the employer; and (c) in any other case, within the time limit prescribed by regulation. 2018, c. 27, s. 486
Canada Labour Code — L-2 238.2
Regulations 238.2 The Governor in Council may make regulations for the purposes of this Division including regulations prescribing factors to consider in determining if an expense is or is not work-related and prescribing factors to consider in determining if an expense is or is not reasonable. 2018, c. 27, s. 486
Canada Labour Code — L-2 239
ision accumulate during the entire period of the medical leave of absence. Contributions by employee (9) If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (8), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any medical leave of absence unless, at the commencement of the absence or within a reasonable time after, the employee notifies the employer of the employee’s intention to discontinue contributions during that period. Contributions by employer (10) An employer who pays contributions in respect of a benefit referred to in subsection (8) must continue to pay those contributions during an employee’s medical leave of absence in at least the same proportion as if the employee were not absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time. Failure to pay contributions (11) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (9) and (10), the benefits do not accumulate during the medical leave of absence and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence. Deemed continuous employment (12) For the purposes of calculating benefits, other than benefits referred to in subsection (8), of an employee who is absent from work due to medical leave under this Division, employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence. Regulations (13) The Governor in Council may make regulations (a) defining terms for the purposes of this Division, including “regular rate of wages” and “normal hours of work”; (b) modifying subsection (1.2), (1.21) or (1.4) if, in the opinion of the Governor in Council, employees or classes of employees will, despite the modification, earn periods of medical leave of absence with pay that are substantially equivalent to the period provided for in subsection (1.21); and (c) providing for employees or classes of employees to earn periods of medical leave of absence with pay other than in accordance with subsection (1.2) if, in the opinion of the Governor in Council, the periods of medical leave of absence with pay are substantially equivalent to the period provided for in subsection (1.21). Application of section 189 (14) Section 189 applies for the purposes of this Division. R.S., 1985, c. L-2, s. 239; R.S., 1985, c. 9 (1st Supp.), s. 14, c. 43 (3rd Supp.), s. 2; 1993, c. 42, s. 32; 2001, c. 34, s. 22(F); 2012, c. 27, s. 11 2018, c. 27, s. 487 2020, c. 5, s. 41 2021, c. 23, s. 344 2021, c. 27, s. 7 2022, c. 10, s. 423
Canada Labour Code — L-2 239.2
Employer’s obligation 239.2 (1) Every employer that provides benefits to its employees under a long-term disability plan must insure the plan with an entity that is licensed to provide insurance under the laws of a province. Exception (2) However, an employer may provide those benefits under a long-term disability plan that is not insured, in the circumstances and subject to the conditions provided for in the regulations. 2012, c. 19, s. 434
Canada Labour Code — L-2 239.3
Regulations 239.3 The Governor in Council may make regulations respecting long-term disability plans, including regulations (a) specifying what constitutes a long-term disability plan; and (b) specifying the circumstances and conditions referred to in subsection 239.2(2). 2012, c. 19, s. 434
Canada Labour Code — L-2 240
Complaint 240 (1) Subject to subsections (2) and 242(3.1), a person who has been dismissed and considers the dismissal to be unjust may make a complaint in writing to the Head if the employee (a) has completed 12 consecutive months of continuous employment by an employer; and (b) is not a member of a group of employees subject to a collective agreement. For greater certainty (1.01) For greater certainty, the fact that an employer complies with Divisions X and XI does not (a) affect the employee’s rights under this Division; or (b) prevent the Board from deciding under paragraph 242(3)(a) that the dismissal was unjust or from making any order under subsection 242(4), including a reinstatement order. Limitation (1.1) A person shall not make a complaint under subsection (1) if they have made a complaint that is based on substantially the same facts under either subsection 246.1(1) or 247.99(1), unless that complaint has been withdrawn. Time for making complaint (2) Subject to subsection (3), a complaint under subsection (1) shall be made within ninety days from the date on which the person making the complaint was dismissed. Extension of time (3) The Head may extend the period set out in subsection (2) (a) if the Head is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority; or (b) in any circumstances that are prescribed by regulation. R.S., 1985, c. L-2, s. 240; R.S., 1985, c. 9 (1st Supp.), s. 15 2018, c. 27, s. 488 2018, c. 27, s. 579 2024, c. 17, s. 251
Canada Labour Code — L-2 241
Reasons for dismissal 241 (1) If an employer dismisses a person described in subsection 240(1), the person who was dismissed or the Head may make a request in writing to the employer to provide a written statement giving the reasons for the dismissal, and any employer who receives such a request must provide the person who made the request with such a statement within 15 days after the request is made. Head to assist parties (2) On receipt of a complaint made under subsection 240(1), the Head must endeavour to assist the parties to the complaint to settle the complaint. Complaint not settled within reasonable time (3) If a complaint is not settled under subsection (2) within the period that the Head considers to be reasonable in the circumstances, the Head must, on the written request of the person who made the complaint that the complaint be referred to the Board, deliver to the Board the complaint made under subsection 240(1), any written statement giving the reasons for the dismissal provided under subsection (1) and any other statements or documents that the Head has that relate to the complaint. Notice (4) If the person who made the complaint does not reply to a written communication from the Head within a period that the Head considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, have elapsed from the day on which the complaint was made, the Head may give written notice to the person who made the complaint that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to make a written request that the complaint be referred to the Board. Time limit (5) Subject to the regulations, if the person who made the complaint does not, within the period set out in the notice, make a written request that the complaint be referred to the Board, the Head may deem the complaint to be withdrawn. R.S., 1985, c. L-2, s. 241 2017, c. 20, s. 353 2018, c. 27, s. 489 2018, c. 27, s. 580
Canada Labour Code — L-2 241.1
Suspension of complaint 241.1 (1) If the Board is satisfied that the complainant must take measures before the Board may continue to deal with the complaint referred to it under subsection 241(3), it may, at any time, suspend consideration of the complaint, in whole or in part. Notice (2) If the Board suspends consideration of a complaint, the Board shall notify the complainant in writing and specify in the notice (a) the measures that the complainant must take; and (b) the period within which they must take those measures. End of suspension (3) The suspension ends when, in the Board’s opinion, the measures specified in the notice have been taken. 2018, c. 27, s. 490
Canada Labour Code — L-2 241.2
Rejection of complaint 241.2 (1) The Board may reject a complaint referred to it under subsection 241(3), in whole or in part, (a) if the Board is satisfied that (i) the complaint is not within its jurisdiction, (ii) the complaint is frivolous, vexatious or not made in good faith, (iii) the complaint has been settled in writing between the employer and the complainant, (iv) there are other means available to the complainant to resolve the subject matter of the complaint that the Board considers should be pursued, or (v) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator; or (b) if consideration of the complaint was suspended under subsection 241.1(1) and if, in the Board’s opinion, the measures specified in the notice under subsection 241.1(2) were not taken within the specified period. Notice of rejection of complaint (2) If the Board rejects a complaint, it shall notify the complainant in writing, with reasons. 2018, c. 27, s. 490
Canada Labour Code — L-2 242
242 (1) [Repealed, 2017, c. 20, s. 354] (2) [Repealed, 2017, c. 20, s. 354] Decision of the Board (3) Subject to subsection (3.1), the Board, after a complaint has been referred to it, shall (a) consider whether the dismissal of the person who made the complaint was unjust and render a decision thereon; and (b) send a copy of the decision with the reasons therefor to each party to the complaint and to the Minister. Limitation on complaints (3.1) No complaint shall be considered by the Board under subsection (3) in respect of a person if (a) that person has been laid off because of lack of work or because of the discontinuance of a function; or (b) a procedure for redress has been provided under Part I or Part II of this Act or under any other Act of Parliament. Unjust dismissal (4) If the Board decides under subsection (3) that a person has been unjustly dismissed, the Board may, by order, require the employer who dismissed the person to (a) pay the person compensation not exceeding the amount of money that is equivalent to the remuneration that would, but for the dismissal, have been paid by the employer to the person; (b) reinstate the person in his employ; and (c) do any other like thing that it is equitable to require the employer to do in order to remedy or counteract any consequence of the dismissal. Payments under subsection 230(1) or 235(1) (5) For greater certainty, in making an order for compensation under subsection (4) the Board may, among other things, take into account any amount paid by the employer to the employee under subsection 230(1) or 235(1). R.S., 1985, c. L-2, s. 242; R.S., 1985, c. 9 (1st Supp.), s. 16; 1998, c. 26, s. 58 2017, c. 20, s. 354 2018, c. 27, s. 491 2024, c. 17, s. 252