Canada Labour Code

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.