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

RELATED PROVISIONS

• — 2010, c. 12, s. 2178

  • Deemed appointment

    2178 Any appeals officer, as defined in subsection 122(1) of the Canada Labour Code, who is seized of an appeal under that Act immediately before the day on which section 2174 comes into force is deemed, on that day, to have been appointed as an appeals officer under subsection 145.1(1) of that Act, as enacted by section 2174, solely for the purpose of performing their duties under section 146.1 of that Act in respect of the appeal.

• — 2012, c. 19, s. 438

  • Existing claims

    438 If, before the coming into force of section 239.2 of the Canada Labour Code, as enacted by section 434, an employer provides benefits to its employees under a long-term disability plan that is not insured with an entity that is licensed to provide insurance under the laws of a province and either benefits are being paid to one of those employees under that plan or an application for the payment of benefits under that plan has been submitted by one of those employees, that employer, on the coming into force of that section 239.2, is not required to insure that plan in accordance with that section 239.2 and may continue to provide benefits under that plan but only to the employee who is being paid benefits or to the employee who submitted an application for the payment of benefits.

• — 2012, c. 19, s. 439

  • Limitation — second or subsequent offences

    439 Despite subsection 256(1.2) of the Canada Labour Code, as enacted by section 436, in determining whether a person has committed a second or subsequent offence for the purposes of subsection 256(1.1) of that Act as enacted by that section, an earlier offence may be taken into account only if the person is convicted of the earlier offence on or after the day on which that section comes into force.

• — 2012, c. 19, s. 564

  • Definitions

    564 The following definitions apply in sections 565 to 570.

    Board

    Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code. (Conseil)

    Tribunal

    Tribunal means the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act, as that Act read immediately before the coming into force of this section. (Tribunal)

• — 2012, c. 27, s. 31

  • Death or disappearance

    31 Section 206.5 of the Canada Labour Code, as enacted by section 6, applies only with respect to a death or disappearance that occurs after the day on which section 6 comes into force.

• — 2012, c. 31, s. 230

  • Complaints, notices and payment orders

    230 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies

    • (a) to complaints that allege that an employer contravened any provision of Part III of that Act, any provision of regulations made under that Part or any order within the meaning of that Part and that were received by the Minister of Labour before that day;

    • (b) to notices of unfounded complaint issued under subsection 251.1(2) of that Act that relate to complaints referred to in paragraph (a); and

    • (c) to payment orders issued under subsection 251.1(1) of that Act

      • (i) before that day, and

      • (ii) on or after that day, if the inspector made the finding that resulted in the payment order during the course of an inspection under Part III of that Act that began before that day or as a result of dealing with a complaint referred to in paragraph (a).

• — 2012, c. 31, s. 231

  • Payment orders and notices

    231 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies to any payment orders and notices of unfounded complaint issued before that day under section 251.1 of that Act.

• — 2013, c. 40, s. 199

  • Pending proceedings

    • 199 (1) The Canada Labour Code, as it read immediately before the coming into force of this section, applies to

      • (a) any proceedings — commenced before that coming into force — with respect to which a health and safety officer or a regional health and safety officer may exercise powers or perform duties or functions under Part II of that Act, as it read immediately before that coming into force; and

      • (b) any procedure — commenced before that coming into force — relating to a refusal to work commenced under sections 128 to 129 of that Act, as it read immediately before that coming into force.

    • Appeal

      (2) With respect to directions issued by a health and safety officer under Part II of the Canada Labour Code, an employer, employee or trade union that feels aggrieved by a direction may appeal the direction in writing to an appeals officer within 30 days after the date of the direction being issued or confirmed in writing. The appeal is deemed to have been brought under subsection 146(1) of that Act.

    • Health and safety officers

      (3) For the purposes of subsection (1), health and safety officers or regional health and safety officers designated under subsection 140(1) of the Canada Labour Code, as it read immediately before the coming into force of this section, continue to act, respectively, as health and safety officers or regional health and safety officers.

• — 2014, c. 20, s. 143

  • Paragraphs 125.1(c) to (e) of Canada Labour Code

    143 Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day on which section 140 comes into force but before a day to be fixed by order of the Governor in Council for the purposes of this section, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.

• — 2014, c. 20, s. 144

  • Products in work place

    144 Paragraphs 125.1(c) to (e) of the Canada Labour Code do not apply to an employer, on or after the day fixed by order of the Governor in Council for the purposes of section 143 but before a day to be fixed by order of the Governor in Council for the purposes of this section, in respect of hazardous products that are in the work place on the day fixed by order of the Governor in Council for the purposes of section 143, if the employer complies with the requirements set out in those paragraphs as they read immediately before the day on which section 140 comes into force, as if those paragraphs were still in force.

• — 2014, c. 20, s. 145

  • Same meaning

    • 145 (1) Unless a contrary intention appears, words and expressions used in sections 143 and 144 have the same meanings as in section 122 of the Canada Labour Code.

    • References

      (2) For the purposes of sections 143 and 144,

      • (a) controlled product, hazard symbol, Ingredient Disclosure List, label and material safety data sheet in paragraphs 125.1(c) to (e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, have the same meanings as in the Hazardous Products Act, as that Act read immediately before the day on which section 114 comes into force;

      • (b) any references to the Ingredient Disclosure List in paragraph 125.1(e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, are considered to be references to the Ingredient Disclosure List as it read immediately before the day on which section 114 comes into force; and

      • (c) any references to regulations, or to anything prescribed by regulation, in paragraphs 125.1(c) to (e) of the Canada Labour Code, as that Act read immediately before the day on which section 140 comes into force, are considered to be references to those regulations as they read immediately before that day.

• — 2017, c. 12, s. 14

  • Canada Labour Code — existing applications

    14 If the Canada Industrial Relations Board has, during the period beginning on June 16, 2015 and ending immediately before the day on which section 1 comes into force, received an application for certification referred to in paragraph 28(2)(a) of the Canada Labour Code or an application for an order made under subsection 38(1) or (3) of that Act, and the application has not been finally disposed of before that coming into force, that application is to be dealt with and disposed of in accordance with that Act as it read immediately before that coming into force.

• — 2017, c. 20, s. 382, as amended by 2018, c. 22, s. 24

  • Appeals — subsection 129(7) or 146(1)

    382 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under subsection 129(7) or 146(1) of that Act.

• — 2017, c. 20, s. 383

  • Complaints — subsection 240(1)

    383 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any complaint made before that day under subsection 240(1) of that Act.

• — 2017, c. 20, s. 384

  • Complaints relating to reprisal

    384 Division XIV.1 of Part III of the Canada Labour Code does not apply with respect to reprisals carried out before the day on which this section comes into force.

• — 2017, c. 20, s. 385

  • Evidence

    385 Subsection 251(1.2) of the Canada Labour Code does not apply with respect to an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.

• — 2017, c. 20, s. 386

  • Compliance orders

    386 Section 251.06 of the Canada Labour Code does not apply to contraventions committed before the day on which this section comes into force.

• — 2017, c. 20, s. 387

  • Review and appeal

    387 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any request for appeal made before that day under subsection 251.11(1) of that Act and any request for review that the Minister of Labour has decided, before that day, to treat as an appeal under subsection 251.101(7) of that Act.

• — 2017, c. 20, s. 388

  • Order to debtor of director of corporation

    388 Subsection 251.13(1.1) of the Canada Labour Code does not apply with respect to a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.

• — 2017, c. 20, s. 389

  • Administrative fee

    389 Section 251.131 of the Canada Labour Code does not apply with respect to

    • (a) a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act; or

    • (b) a decision made under section 251.101 or 251.12 of that Act relating to the payment order.

• — 2017, c. 20, s. 390

  • Part IV of the Canada Labour Code

    390 Part IV of the Canada Labour Code does not apply to violations committed before the day on which this section comes into force.

• — 2017, c. 20, s. 392

  • Persons who occupy a position

    • 392 (1) All of the persons who occupy a position within the Department of Employment and Social Development and carry out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of appeals officers under Part II of the Canada Labour Code or those of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act immediately before the day on which this section comes into force occupy their position within the Administrative Tribunals Support Service of Canada beginning on a day to be fixed by order of the Governor in Council.

    • No change in status

      (2) Nothing in subsection (1) is to be construed as affecting the status of such a person, except that the person, beginning on the day fixed by the order referred to in subsection (1), occupies their position within the Administrative Tribunals Support Service of Canada.

    • Transfer of money

      (3) Any money that is appropriated by an Act of Parliament, for the fiscal year that includes the day fixed by the order referred to in subsection (1), to defray any charges and expenses of the Department of Employment and Social Development related to an appeal under Part II or III of the Canada Labour Code or to the powers, duties and functions of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act and that is unexpended on that day is deemed, on that day, to be an amount appropriated to defray the charges and expenses of the Administrative Tribunals Support Service of Canada.

• — 2017, c. 33, s. 214

  • Subsection 175(2) of Canada Labour Code

    214 Subsection 175(2) of the Canada Labour Code continues to apply in respect of the making of any regulations under paragraph 175(1)(a) or (b) of that Act for which the Minister of Labour has, before the coming into force of section 198 of this Act, caused an inquiry to be made under section 248 of that Act.

• — 2018, c. 22, s. 18

  • Requests received before coming into force

    18 A request for an exemption under subsection 135(3) of the Canada Labour Code, as it read on the day before the day on which section 7 comes into force, that is received by the Minister before the day on which that section comes into force is to be dealt with in accordance with subsections 135(3) to (5) of that Act as they read on the day before the day on which that section comes into force. If the request is approved on or after the day on which that section comes into force, the exemption may be granted for a period of not more than one year.

• — 2018, c. 27, s. 517

  • Section 179 of Canada Labour Code

    517 Section 179 of the Canada Labour Code, as enacted by section 448 of this Act, applies to each person who, on the day on which that section 448 comes into force, is 17 years of age and is employed by an employer as if they were 18 years of age so long as they remain employed by that employer in the position they held on that day.

• — 2018, c. 27, s. 519

  • Subsection 189(1.1) of Canada Labour Code

    519 Subsection 189(1.1) of the Canada Labour Code applies only if the first day on which the second employer referred to in that subsection carries out the federal work, undertaking or business is on or after the day on which section 457 of this Act comes into force.

• — 2018, c. 27, s. 522

  • Individual termination of employment

    522 If an employer gives notice to an employee under paragraph 230(1)(a) of the Canada Labour Code before the day on which section 485 of this Act comes into force, Division X of Part III of the Canada Labour Code, as it read immediately before that coming into force, applies to the employer and to the employee in respect of that individual termination of employment.

• — 2018, c. 27, s. 523

  • Reimbursement of work-related expenses

    523 Division XII.1 of the Canada Labour Code applies only in respect of expenses incurred on or after the day on which section 486 of this Act comes into force.

• — 2018, c. 27, s. 524

  • Section 239 of Canada Labour Code

    524 If section 487 of this Act comes into force during an employee’s absence under Division XIII of the Canada Labour Code, section 239 of the Canada Labour Code, as it read immediately before the coming into force of that section 487, applies in respect of that absence.

• — 2018, c. 27, s. 525

  • Subsection 247.5(1.1) of Canada Labour Code

    525 Subsection 247.5(1.1) of the Canada Labour Code applies only in respect of leaves that begin on or after the day on which section 494 of this Act comes into force.

• — 2018, c. 27, s. 526

  • Complaints — subsection 247.99(1) of Canada Labour Code

    526 The Canada Labour Code, as it read immediately before the day on which section 496 of this Act comes into force, applies with respect to any complaint made before that day under subsection 247.99(1) of the Canada Labour Code.

• — 2018, c. 27, s. 527

  • Subsection 253.1(1) of Canada Labour Code

    527 An employer must, within 90 days after the later of the day on which section 502 of this Act comes into force and the day on which materials are first made available under subsection 253.1(1) of the Canada Labour Code, provide their employees with a copy of the materials referred to in that subsection.

• — 2018, c. 27, s. 528

  • Subsection 253.2(4) of Canada Labour Code

    528 If, before the day on which the first regulation made under subsection 253.2(4) of the Canada Labour Code, as enacted by section 502 of this Act, comes into force, an employer has not provided an employee with a written statement containing the information set out in the regulation, the employer must, within 90 days after that coming into force, provide the employee with such a statement.

• — 2022, c. 10, s. 427

  • Personal leave

    427 Paragraph 206.6(1)(a) of the Canada Labour Code, as it read immediately before the day on which section 6 of An Act to amend the Criminal Code and the Canada Labour Code, chapter 27 of the Statutes of Canada, 2021, comes into force, continues to apply to every employer and its employees to which section 239.001 of the Canada Labour Code, as enacted by section 7.1 of An Act to amend the Criminal Code and the Canada Labour Code, chapter 27 of the Statutes of Canada, 2021, does not apply, until the day on which section 426 of this Act comes into force.

• — 2024, c. 17, s. 243

  • Presumptions and burdens of proof

    243 Sections 6.1, 6.2, 123.2, 123.3, 167.01 and 167.2 of the Canada Labour Code, as enacted by sections 235, 239 and 242, do not apply to any proceeding commenced before the day on which this Act receives royal assent.

• — 2024, c. 17, s. 244

  • Section 167.1 of Canada Labour Code

    244 Section 167.1 of the Canada Labour Code, as enacted by section 242, only applies to a proceeding in respect of a contravention that is alleged to have occurred on or after the day on which this Act receives royal assent.

• — 2024, c. 17, s. 256

  • Definitions

    • 256 (1) The following definitions apply in this section.

      commencement day

      commencement day means the day on which this section comes into force. (date de référence)

      former Act

      former Act means the Canada Labour Code as it read immediately before commencement day. (ancienne loi)

      new Act

      new Act means the Canada Labour Code as it reads on commencement day. (nouvelle loi)

    • Ongoing complaint

      (2) In any complaint made under subsection 251.01(1) of the former Act that relates to an amount referred to in subsection 230(1) or 235(1) of that Act and that is ongoing on the commencement day, the Head or the Board, as those expressions are defined in section 2 of that Act, or the court, as the case may be, must consider subsections 230(1.01) and 235(1.1) of the new Act as if they were in force at the time of the termination of employment.

    • For greater certainty

      (3) For greater certainty, for the purposes of subsection (2), a complaint is ongoing until all procedures for review and appeal available at law have been exhausted.

    • Past termination

      (4) In any complaint made under subsection 251.01(1) of the new Act that relates to an amount referred to in subsection 230(1) or 235(1) of that Act with respect to a termination of employment that occurred before the commencement day, the Head, as that expression is defined in section 2 of that Act, must consider subsections 230(1.01) and 235(1.1) of the new Act as if they were in force at the time of the termination.