Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note: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).

Marginal note: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.

Marginal note: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162 Unless they are repealed earlier, regulations made under section 161 are repealed on the fifth anniversary of the day on which they come into force.

163 to 165 [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 4]

PART IIIStandard Hours, Wages, Vacations and Holidays

Interpretation

Marginal note:Definitions

166 In this Part,

collective agreement

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

day means any period of twenty-four consecutive hours; (jour)

employer

employer means any person who employs one or more employees; (employeur)

general holiday

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

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

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

inspector[Repealed, 2018, c. 27, s. 569]

order

order means any order of the Minister made pursuant to this Part or the regulations; (arrêté)

overtime

overtime means hours of work in excess of standard hours of work; (heures supplémentaires)

qualified medical practitioner

qualified medical practitioner[Repealed, 2018, c. 27, s. 442]

regional director

regional director[Repealed, 2018, c. 27, s. 569]

standard hours of work

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

trade union means any organization of employees formed for purposes that include the regulation of relations between employers and employees; (syndicat)

wages

wages includes every form of remuneration for work performed but does not include tips and other gratuities; (salaire)

week

week means, in relation to Division I, the period between midnight on Saturday and midnight on the immediately following Saturday. (semaine)

Application

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Non-application of Division XIV to managers

  (3) Division XIV does not apply to or in respect of employees who are managers.

Marginal note: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.

• Marginal note:Exception

  (2) The presumption does not apply for the purposes of a prosecution under this Part.

Marginal note:Prohibition

167.1 An employer is prohibited from treating an employee as if they were not their employee.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note:Sunday

  (2) Nothing in this Part authorizes the doing of any work on Sunday that is prohibited by law.

168.1 [Repealed, L-2, s. 168.1]

DIVISION IHours of Work

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.