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

Information Related to Employment

Marginal note:Copy — employee

• 253.1 (1) An employer must, within the first 30 days of an employee’s employment, provide the employee with a copy of any materials that the Head makes available and that contains information respecting employers’ and employees’ rights and obligations under this Part and, within 30 days after updated materials are made available, provide the employee with a copy of the updated materials.

• Marginal note:Materials to be posted

  (2) An employer must post and keep posted the most recent version of the materials referred to in subsection (1), in readily accessible places where it is likely to be seen by employees.

• Marginal note:Termination

  (3) If an employee’s employment is terminated by the employer, the employer must, not later than the last day of the employee’s employment, provide the employee with a copy of the most recent version of the materials referred to in subsection (1) that relate to terminations of employment.

Marginal note:Employment statement

• 253.2 (1) An employer must, within the first 30 days of an employee’s employment, provide the employee with a written statement containing information relating to their employment that is prescribed by regulation.

• Marginal note:Updated information

  (2) An employer must provide an employee with an updated employment statement within 30 days after any change is made to the information contained in the last statement that was provided to the employee.

• Marginal note:Employer’s duties

  (3) An employer must retain a copy of any employment statement provided under this section for 36 months after the employee’s employment with the employer ends and, on request, the employee must be provided with additional copies.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations prescribing the information that must be included in a employment statement provided under this section.

Marginal note:Pay statement

• 254 (1) An employer shall, at the time of making any payment of wages to an employee, furnish the employee with a statement in writing setting out

  • (a) the period for which the payment is made;

  • (b) the number of hours for which the payment is made;

  • (c) the rate of wages;

  • (d) details of the deductions made from the wages; and

  • (e) the actual sum being received by the employee.

• Marginal note:Exemption

  (2) The Minister may, by order, exempt any employer from any or all of the requirements of subsection (1).

Deductions

Marginal note:General rule

• 254.1 (1) No employer shall make deductions from wages or other amounts due to an employee, except as permitted by or under this section.

• Marginal note:Permitted deductions

  (2) The permitted deductions are

  • (a) those required by a federal or provincial Act or regulations made thereunder;

  • (b) those authorized by a court order or a collective agreement or other document signed by a trade union on behalf of the employee;

  • (c) amounts authorized in writing by the employee;

  • (d) overpayments of wages by the employer; and

  • (e) other amounts prescribed by regulation.

• Marginal note:Damage or loss

  (3) Notwithstanding paragraph (2)(c), no employer shall, pursuant to that paragraph, make a deduction in respect of damage to property, or loss of money or property, if any person other than the employee had access to the property or money in question.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations prescribing:

  • (a) deductions that an employer is permitted to make in addition to those permitted by this section; and

  • (b) the manner in which the deductions permitted by this section may be made by the employer.

Combining Federal Works, Undertakings and Businesses

Marginal note:Orders of Minister combining federal works, undertakings and businesses

• 255 (1) Where associated or related federal works, undertakings and businesses are operated by two or more employers having common control or direction, the Minister may, after affording to the employers a reasonable opportunity to make representations, by order, declare that for all purposes of this Part the employers and the federal works, undertakings and businesses operated by them that are specified in the order are, respectively, a single employer and a single federal work, undertaking or business.

• Marginal note:Idem

  (2) Where an order is made under subsection (1), the employers to which it applies are jointly and severally liable to the employees employed in the federal works, undertakings and businesses to which the order applies for overtime pay, vacation pay, holiday pay and other wages or amounts to which the employees are entitled under this Part.

Offences and Punishment

Marginal note:Offences and punishment

• 256 (1) Every person is guilty of an offence who

  • (a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1), 251.001(9) or 252(2) or any regulation made under section 227 or paragraph 264(1)(a) or (a.1);

  • (b) contravenes any order made under this Part or the regulations; or

  • (c) discharges, threatens to discharge or otherwise discriminates against a person because that person

    • (i) has testified or is about to testify in any proceedings or inquiry taken or had under this Part, or

    • (ii) has given any information to the Minister or the Head regarding the wages, hours of work, annual vacation or conditions of work of an employee.

• Marginal note:Punishment

  (1.1) Every person who is guilty of an offence under subsection (1) is liable on summary conviction

  • (a) in the case of an employer that is a corporation,

    • (i) for a first offence, to a fine of not more than $50,000,

    • (ii) for a second offence, to a fine of not more than $100,000, and

    • (iii) for each subsequent offence, to a fine of not more than $250,000; and

  • (b) in all other cases,

    • (i) for a first offence, to a fine of not more than $10,000,

    • (ii) for a second offence, to a fine of not more than $20,000, and

    • (iii) for each subsequent offence, to a fine of not more than $50,000.

• Marginal note:Second or subsequent offence

  (1.2) For the purposes of subsection (1.1), in determining whether a person convicted of an offence has committed a second or subsequent offence, an earlier offence may be taken into account only if the person was convicted of the earlier offence within the five-year period immediately before the day on which the person is convicted of the offence for which sentence is being imposed.

• Marginal note:Offences — employers

  (2) Every employer that contravenes any provision of Division IX, subsection 239.1(2) or 239.2(1) or any regulation made under section 227 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000.

• Marginal note:Idem

  (3) Every employer who

  • (a) fails to keep any record that, by subsection 252(2) or any regulation made under paragraph 264(1)(a) or (a.1), the employer is required to keep, or

  • (b) refuses to make available for examination by the Head at any reasonable time any such record kept by the employer,

  is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 for each day during which the refusal or failure continues.

Marginal note:Procedure

• 257 (1) A complaint or information under this Part may relate to one or more offences by one employer in respect of one or more of his employees.

• Marginal note:Limitation period

  (2) Proceedings in respect of an offence under this Part may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose.

• Marginal note:Minister’s consent required

  (3) No proceeding against a director of a corporation in respect of an offence under this Part shall be instituted except with the consent of the Minister.

Marginal note:Order to pay arrears of wages

• 258 (1) Where an employer has been convicted of an offence under this Part in respect of any employee, the convicting court shall, in addition to any other punishment, order the employer to pay to the employee any overtime pay, vacation pay, holiday pay or other wages or amounts to which the employee is entitled under this Part the non-payment or insufficient payment of which constituted the offence for which the employer was convicted.

• Marginal note:Reinstatement of pay and position

  (2) Where an employer has been convicted of an offence under this Part in respect of the discharge of an employee, the convicting court may, in addition to any other punishment, order the employer

  • (a) to pay compensation for loss of employment to the employee not exceeding such sum as in the opinion of the court is equivalent to the wages that would have accrued to the employee up to the date of conviction but for such discharge; and

  • (b) to reinstate the employee in his employ at such date as in the opinion of the court is just and proper in the circumstances and in the position that the employee would have held but for such discharge.

• Marginal note:When inaccurate records kept

  (3) In determining the amount of wages or overtime for the purposes of subsection (1), if the convicting court finds that the employer has not kept accurate records as required by this Part or the regulations, the employee affected shall be conclusively presumed to have been employed for the maximum number of hours a week allowed under this Part and to be entitled to the full weekly wage therefor.

Marginal note:Failure to comply with order

259 An employer that fails to comply with an order of a convicting court made under section 258 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $1,000 for each day during which the failure continues.

Marginal note:Imprisonment precluded in certain cases

• 259.1 (1) Where a person is convicted of an offence under this Part punishable on summary conviction, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment.

• Marginal note:Recovery of penalties

  (2) Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.