Canada Labour Standards Regulations (C.R.C., c. 986)

Keeping of Records

• 24 (1) Every employer shall make and keep a record in respect of each employee showing the date of commencement of employment and the date of termination of employment and shall keep such record for a period of at least 36 months after the date of termination of employment.

• (2) Every employer shall keep, for at least three years after work is performed by an employee, the following information:

  • (a) the full name, address, Social Insurance Number, occupational classification and sex of the employee, and if the employee is under the age of 18 years, the age of the employee;

  • (b) the rate of wages, clearly indicating whether it is on an hourly, weekly, monthly or other basis, and the date and particulars of any change in the rate;

  • (c) where the rate of wages is on a basis other than time or on a combined basis of time and some other basis, a clear indication of the method of computation of that basis;

  • (d) the hours worked each day, except where the employee is

    • (i) excluded from the application of Division I of the Act by or under subsection 167(2) of the Act, or

    • (ii) exempt from the application of sections 169 and 171 of the Act pursuant to regulations made under paragraph 175(1)(b) of the Act;

  • (e) the actual earnings, indicating the amounts paid each pay day, with a recording of the amounts paid for overtime, vacation pay, general holiday pay, personal leave pay, pay for leave for victims of family violence, bereavement leave pay, medical leave of absence pay, termination pay and severance pay;

  • (f) the payments made each pay day after deductions, with clear details of the deductions made;

  • (g) with respect to annual vacations

    • (i) the dates of commencement and termination of each vacation period,

    • (ii) if a vacation was interrupted under subsection 187.1(1) of the Act, the date of interruption, and if the employee resumed the vacation under subsection 187.1(7) of the Act, the date of resumption, and

    • (iii) if a vacation was postponed under subsection 187.2(1) of the Act, the new dates of commencement and termination of that vacation;

  • (g.01) the year of employment in respect of which each annual vacation period was granted;

  • (g.02) any written notice of an interruption of a vacation or leave provided in accordance with subsection 187.1(6), 207.1(1) or 207.2(1) of the Act, as the case may be, and any written notice of resumption of a vacation or leave provided in accordance with subsection 187.1(7), 207.1(2) or 207.2(5) of the Act, as the case may be;

  • (g.1) any written agreement between the employer and the employee to postpone or waive the employee’s entitlement to annual vacation pursuant to subsection 14(1);

  • (g.11) any written request made by an employee under section 184.1 of the Act and a record of the employer’s response to that request;

  • (g.2) where the employer determines a year of employment pursuant to paragraph (b) of the definition “year of employment” in section 183 of the Act, any notice provided to employees pursuant to section 12;

  • (h) with respect to any leave granted to the employee under Division VII of the Act,

    • (i) the dates of commencement and termination, and of any interruption, of the leave,

    • (ii) a copy of any notice concerning the leave or any interruption of the leave, and

    • (iii) any documentation, including a copy of any medical certificate, that was provided by the employee in respect of the leave or interruption;

  • (h.1) the dates of commencement and termination of any job modification or reassignment of the employee provided pursuant to Division VII of the Act and a copy of any notice provided by the employer concerning the job modification or reassignment;

  • (i) any general holiday or other holiday with pay granted to the employee under Division V of the Act, any notice of substitution of a general holiday required to be posted under section 195 of the Act and, in respect of employees not subject to a collective agreement, proof that the substitution was approved in accordance with subsection 195(2) of the Act;

  • (j) when hours of work are averaged under section 6, any notice concerning the averaging of hours of work, details of any reductions in the standard and maximum hours of work made under subsections 6(7), (8) and (9) and the number of hours for which the employee was entitled to be paid at the overtime rate of wages or granted time off for overtime worked;

  • (k) the employer’s pay periods;

  • (l) a copy of any certificate provided in respect of medical breaks under subsection 181.1(2) of the Act and any request for the certificate made by the employer in accordance with that subsection, and any notice of termination of employment or intention to terminate employment given in accordance with Division IX or X of the Act;

  • (m) with respect to any period of bereavement leave granted to the employee under Division VIII of the Act,

    • (i) the date on which that period begins and its length, and

    • (ii) a copy of the written notice provided by that employee in accordance with subsection 210(1.3) of the Act;

  • (n) proof of the approval referred to in paragraph 170(2)(b) or 172(2)(b) of the Act;

  • (n.1) every work schedule and modification of a work schedule that is provided in writing to an employee;

  • (n.2) every written notice given, written request made or written agreement entered into under Division I or I.1 of the Act;

  • (n.21) a record describing any situation that an employee had to deal with under subsection 169.1(2) of the Act;

  • (n.22) a record describing any situation that an employee had to deal with under subsection 169.2(2) of the Act;

  • (n.3) a record of any refusal by an employee made under subsection 173.01(2) of the Act;

  • (n.4) a record describing any situation that an employee had to deal with under subsection 173.01(3) of the Act;

  • (n.41) a record describing any situation that an employee had to deal with under subsection 173.1(2) of the Act;

  • (n.5) a record of any refusal by an employee made under section 174.1 of the Act;

  • (n.6) a record describing any situation that an employee had to deal with under subsection 174.1(3) of the Act;

  • (n.7) with respect to any paid leave granted to the employee under Division XIII of the Act,

    • (i) the dates of commencement and termination of the leave,

    • (ii) the year of employment in respect of which the leave was earned,

    • (iii) the number of days of leave carried over from a previous year,

    • (iv) a copy of any written request made by an employer under subsection 239(2) of the Act, and

    • (v) a copy of any certificate submitted by the employee under subsection 239(2) of the Act;

  • (n.8) with respect to any leave without pay granted to the employee under Division XIII of the Act,

    • (i) a copy of any written request made by an employer under subsection 239(2) of the Act, and

    • (ii) a copy of any certificate submitted by the employee under subsection 239(2) of the Act; and

  • (o) with respect to leave granted under Division XV.2 of the Act to an employee who is a member of the reserve force,

    • (i) the dates of commencement and termination of the leave and of any interruption or postponement of that leave,

    • (i.1) a copy of any notice concerning the leave,

    • (ii) a copy of any medical certificate submitted by the employee in respect of that leave,

    • (iii) a copy of any document provided under section 247.7 of the Act, and

    • (iv) a copy of any notice issued under subsection 247.8(1) or 247.95(2) of the Act.

• (3) Any method of reporting absences from employment or overtime hours of work that discloses the particulars required by subsection (2), including regular daily hours of work, shall be a sufficient record for the purposes of these Regulations.

• (4) Every employer shall keep for a period of at least three years after the expiration of the employer’s obligation under subsection 239.1(3) of the Act, the following information:

  • (a) detailed reasons for an employee’s absence due to work-related illness or injury;

  • (b) a copy of any certificate of a health care practitioner indicating that the employee is fit to return to work; and

  • (c) the date the employee returned to work, or a copy of any notification from the employer to the employee and any trade union representing the employee that return to work was not reasonably practicable and the reasons why it was not.

• (5) [Repealed, SOR/2014-305, s. 6]

Certificate Referred to in Subsection 181.1(2) of the Act

24.1 A certificate issued by a health care practitioner under subsection 181.1(2) of the Act shall set out, in addition to the information required by that subsection, the dates of commencement and termination of the period in which the breaks needed for medical reasons are to be taken.

Notices to Be Posted

• 25 (1) Where a permit is granted by the Head of Compliance and Enforcement under section 176 of the Act, the employer shall post copies of the permit.

• (2) Every employer shall post notices containing the information set out in Schedule II.

• (3) Every employer shall post copies of the policy statement referred to in section 247.4 of the Act.

Notice of Group Termination

26 A notice of termination given pursuant to subsection 212(1) of the Act shall, in addition to the information required by paragraphs 212(3)(a) and (b) of the Act, set out

• (a) the name of the employer;

• (b) the location at which the termination is to take place;

• (c) the nature of the industry of the employer;

• (d) the name of any trade union certified to represent any employee in the group of employees whose employment is to be terminated or recognized by the employer as bargaining agent for any such employees; and

• (e) the reason for the termination of employment.

Industrial Establishment for Group Termination

27 For the purposes of Division IX of the Act, the following are designated as industrial establishments:

• (a) all branches, sections and other divisions of federal works, undertakings and businesses that are located in a region established pursuant to paragraph 54(w) of the Employment Insurance Act; and

• (b) all branches, sections and other divisions listed in Schedule I.

Exemption from Group Termination

28 Every employer shall be exempt from the application of Division IX of the Act in respect of the termination of employment of

• (a) employees employed on a seasonal basis; or

• (b) employees employed on an irregular basis under an arrangement whereby the employee may elect to work or not to work when requested to do so.

Continuity of Employment

29 For the purposes of Divisions IV, VII, VIII, X, XI, XIII, XIV and XV.2 of the Act, the absence of an employee from employment is deemed not to have interrupted continuity of employment if

• (a) the employee is absent from employment as a result of a lay-off that is not a termination under these Regulations; or

• (b) the employer permits or condones the employee’s absence from employment.

Complaint for Unjust Dismissal

29.1 For the purposes of paragraph 240(3)(b) of the Act, the following circumstances are prescribed:

• (a) the making of a complaint under subsection 240(1) of the Act, if a complaint that is based on substantially the same facts was previously made under subsection 246.1(1) or 247.99(1) of the Act in accordance with subsection 246.1(3) or 247.99(2) of the Act, as the case may be, and that complaint was withdrawn; and

• (b) the making of a complaint under subsection 240(1) of the Act, if a complaint that is based on substantially the same facts of unjust dismissal was previously made under that subsection in accordance with subsection 240(2) of the Act and that complaint was withdrawn because it is incomplete or contains an error.

Complaint Related to Genetic Testing

29.2 For the purposes of paragraph 247.99(3)(b) of the Act, the following circumstances are prescribed:

• (a) the making of a complaint under subsection 247.99(1) of the Act, if a complaint that is based on substantially the same facts was previously made under subsection 240(1) or 246.1(1) of the Act in accordance with subsection 240(2) or 246.1(3) of the Act, as the case may be, and that complaint was withdrawn; and

• (b) the making of a complaint under subsection 247.99(1) of the Act, if a complaint that is based on substantially the same facts was previously made under that subsection in accordance with subsection 247.99(2) of the Act, and that complaint was withdrawn because it is incomplete or contains an error.

Complaint Referred to in Subsection 251.01(1) of the Act

29.3 A prescribed circumstance for the purposes of paragraph 251.01(3)(b) of the Act is the making of a complaint under subsection 251.01(1) of the Act, if a complaint that is based on substantially the same facts was previously made under that subsection in accordance with subsection 251.01(2) of the Act and that complaint was withdrawn because it is incomplete or contains an error.

Lay-offs that Are Not Termination for the Purposes of Severance Pay, Group or Individual Termination of Employment

• 30 (1) For the purposes of Divisions IX, X and XI of the Act and subject to subsection (2), a lay-off of an employee shall not be deemed to be a termination of the employee’s employment by his employer where

  • (a) the lay-off is a result of a strike or lockout;

  • (b) the term of the lay-off is 12 months or less and the lay-off is mandatory pursuant to a minimum work guarantee in a collective agreement;

  • (c) the term of the lay-off is three months or less;

  • (d) the term of the lay-off is more than three months and the employer

    • (i) notifies the employee in writing at or before the time of the lay-off that he will be recalled to work on a fixed date or within a fixed period neither of which shall be more than six months from the date of the lay-off, and

    • (ii) recalls the employee to his employment in accordance with subparagraph (i);

  • (e) the term of the lay-off is more than three months and

    • (i) the employee continues during the term of the lay-off to receive payments from his employer in an amount agreed on by the employee and his employer,

    • (ii) the employer continues to make payments for the benefit of the employee to a pension plan that is registered pursuant to the Pension Benefits Standards Act or under a group or employee insurance plan,

    • (iii) the employee receives supplementary unemployment benefits, or

    • (iv) the employee would be entitled to supplementary unemployment benefits but is disqualified from receiving them pursuant to the Employment Insurance Act; or

  • (f) the term of the lay-off is more than three months but not more than 12 months and the employee, throughout the term of the lay-off, maintains recall rights pursuant to a collective agreement.

• (1.1) [Repealed, SOR/2020-138, s. 1]

• (1.2) [Repealed, SOR/2020-138, s. 1]

• (2) In determining the term of a lay-off for the purposes of paragraphs (1)(c), (d) and (f), any period of re-employment of less than two weeks duration shall not be included.