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: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.
- 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).
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.
(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.
- Date modified: