Summary of part III of the Canada Labour Code

Official title: Information on labour standards #1 Summary

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About this publication and who it applies to

This publication is a general summary of the federal labour standards outlined in Part III of the Canada Labour Code (Code).

Federal labour standards apply to employees working in a federally regulated workplace – workplaces under the legislative authority of the Parliament of Canada.

Important: If your business or industry type is not listed in the “coverage” section below, contact your provincial or territorial labour department to obtain their labour standards information.

1. Coverage

The Code covers employees working in federally regulated workplaces and most federal crown corporations (for example, Canada Mortgage and Housing Corporation and the Canada Post Corporation).

Federal public service employees are not covered under Part III of the Code.

Not all provisions apply to every employee working in a federally regulated workplace. The following aims to clarify who is covered.

Federally regulated workplaces

Federally regulated workplaces generally include:

  • interprovincial and international services such as:
    • railways
    • road transport
    • telephone, telegraph, and cable systems
    • pipelines
    • canals
    • ferries, tunnels, and bridges
    • shipping and shipping services
  • radio and television broadcasting, including cablevision
  • air transport, aircraft operations, and aerodromes
  • banks
  • undertakings for the protection and preservation of fisheries as a natural resource
  • some First Nations communities and activities
  • undertakings declared by Parliament to be for the general advantage of Canada, such as:
    • most grain elevators
    • flour and seed mills, feed warehouses, and grain-seed cleaning plants
    • uranium mining and processing, and atomic energy

Employer – Employee relationship

In order to be covered by the Code, an employer-employee relationship must exist. Independent contractors may not be considered employees. An investigation by a Labour Program inspector may be required to establish if an employer-employee relationship exists to determine if the provisions of the Code apply.

Full-time, part-time, and casual employees

The Code makes no distinction between full-time, part-time or casual employees. All are covered by the Code’s labour standards if the employees meet the qualifying requirements.

The notion of “manager”

The Code excludes managers from protection under the unjust dismissal provisions.

The Code also excludes the following from the hours of work provisions:

  • managers or superintendents
  • those who exercise management functions, and
  • members of architectural, dental, engineering, legal or medical professions.

2. Federal labour standards

Federal labour standards are provisions set out in Part III of the Code. They set employment conditions such as hours of work, payment of wages, overtime rules, vacation, general holidays, leaves and rights on termination of employment for federally regulated workplaces. They also provide protections against unjust dismissal, discrimination following genetic testing and a means for employees to recover unpaid wages and other amounts.

The provisions under the Code do not interfere with rights or benefits considered more favourable in a collective agreement, private arrangement or employer policy.

A collective agreement must have equivalent or better rights or benefits than the Code.

All of the following conditions create a level playing field and even if both an employee and employer agree to do so, they cannot operate below these conditions.

In addition, unionized employees should resolve any labour standards complaints under their collective agreement’s grievance procedure, rather than using the complaints’ handling process provided through the Canada Labour Code.

The following are brief descriptions of the minimum monetary and non-monetary standards provided by the Code.

Monetary standards

Minimum wages

The federal minimum wage is the general adult minimum wage rate established by each province and territory, which is revised from time to time. Each time a province or a territory raises its minimum wage rate, the federal minimum wage rate for that province or territory is automatically raised.

The minimum wage for employees under the age of 17 is the same as for the general adult minimum wage set by each province or territory.

Hours of work

Standard hours are 8 in a day and 40 in a week. At least one and one-half times the regular rate of pay must be paid for hours worked in excess of standard hours or be granted not less than one and one-half hours of time off with pay for each hour of overtime worked. Maximum hours are 48 in a week. Certain provisions in the Code permit flexibility in applying these standards. Special regulations also cover certain classes of workers in specific industries, such as city and highway transport drivers.

General holidays

Employees are entitled to 9 holidays with pay each year:

  • New Year’s Day
  • Good Friday
  • Victoria Day
  • Canada Day
  • Labour Day
  • Thanksgiving Day
  • Remembrance Day
  • Christmas Day and
  • Boxing Day

The Code allows the substitution of other holidays designated in collective agreements or where the employer and at least 70% of employees agree to the substitution or when an employee has requested it as a flexible work arrangement and the employer has authorized the request.

When an employee, is entitled to a general holiday with pay, but does not work on that day, the amount owed to the employee will depend on how the employee is paid.

An employee who works on a general holiday will be paid at a rate equal to at least one and one half times their regular rate of wages for the time that they work on the holiday.

Different calculation methods apply in the longshoring industry, in continuous operations and for managerial and professional employees.

Annual vacations

An employee is entitled to at least two weeks of vacation annually with vacation pay of not less than 4% of gross wages. After 5 consecutive years of employment with one employer, an employee is entitled to 3 weeks of vacation with pay equivalent to 6% of gross wages. After 10 consecutive years completed, employees are entitled to 4 weeks of annual leave, with a minimum allowance of 8%.

Vacation must be granted no later than 10 months after completion of the year entitling the employee to the vacation. Employers are required to pay employees accumulated annual vacation pay when the employee takes vacation. Any outstanding vacation pay must also be paid to an employee within 30 days upon termination of their employment.

Termination of employment

Employers are required to give individual employees two weeks’ written notice of termination, or two weeks’ pay in lieu of notice, except where the employee is dismissed for just cause. Employees must have been continuously employed for at least 3 months to qualify for notice or pay in lieu.

If an employer intends to terminate the employment of 50 or more employees in an industrial establishment within any four-week period, at least 16 weeks’ advance notice must be given in writing to the Minister of Labour, with copies to the Minister of Employment and Social Development Canada, the Canada Employment Insurance Commission, and any trade union recognized as the bargaining agent for affected employees. Where there is no bargaining agent, notice must be given directly to the employees.

An employer who gives notice of a group termination is also required to establish a committee of employer and employee representatives for the purpose of developing an adjustment plan to reduce the impact of the termination upon the affected employees.

Severance pay

Employees with at least 12 continuous months of service whose employment is terminated by their employer are entitled to severance pay, except in cases of dismissal for just cause. The amount of severance pay is the greater of two days’ pay for each completed year of service or 5 days’ pay.

Payment of wages

Employers are required to pay employees on the regular payday as established by the employer’s practice. Other wages or amounts to which the employee is entitled under the Code, such as overtime pay, general holiday pay, vacation pay, severance pay or bereavement pay, are to be paid within 30 days from the time that the payments are owed.

Garnishment of wages

An employee may not be disciplined because garnishment proceedings may be or have been taken against them.

Deductions from wages

An employer may not make deductions from wages or other amounts due to an employee unless the deduction is required by federal or provincial law, is authorized by a court order or collective agreement, or is related to specified amounts authorized in writing by an employee or the overpayment of wages by the employer. An employer may not make deductions for 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.

Wage recovery

The Code provides a legislated process for the collection of unpaid wages and other benefits to which an employee is entitled. Following investigation of a complaint, a Labour Program inspector may issue a written Payment order to the employer or, under certain circumstances, to a director of the corporation, ordering payment of the amount owed. If the complaint allegations are unfounded, a Notice of Unfounded Complaint may be issued to the employee. If the employer voluntarily complies and pays the wages or others amounts owed, a Notice of Voluntary Compliance may be issued if the complainant disagrees with the determination.

A person affected by a Payment order or a Notice of unfounded complaint or a Notice of voluntary compliance, may request a review of the inspector’s decision by providing written reasons within 15 days after the order or notice was served. An employer or director may only file their request if the amount indicated on the Payment order is first paid to the Minister within 15 days.

Non-monetary standards

Unjust dismissal

After 12 or more months of continuous employment, an employee who is not a manager or subject to a collective agreement and who has been dismissed may make a written complaint of unjust dismissal with the Department. The complaint must be filed no later than 90 days from the date of the dismissal.

The Code provides that a Labour Program inspector may assist the parties in settling the complaint; however, this power is limited. As part of the unjust dismissal complaint handling process, an Alternate Dispute Resolution session will be offered to the parties. The inspector’s role as a mediator during the session is to structure discussions, organize information, help the parties express themselves and point out opportunities for agreement. The inspector is neutral and does not create the resolution nor make a ruling on whether the dismissal was just or unjust.

Where a complaint is not settled, and on the written request of the complainant, the Minister may appoint an Adjudicator to settle the matter.

Note:

Unresolved unjust dismissal complaints, filed with the Labour Program on or after July 29, 2019, will be referred to the Canada Industrial Relations Board (the “Board”) for a hearing.

For all information, please refer to the Board’s website.

Genetic testing

All federally regulated employees are entitled to protection from discrimination related to genetic testing. Complaints related to disciplinary actions must be filed within 90 days after the day on which the subject matter of the complaint arose. Complaints related to the employer collecting or using the test results without written consent must be filed within six months from the day on which the subject matter of the complainant’s complaint arose.

The Code provides that a Labour Program inspector may assist the parties in settling the complaint; however, this power is limited. As part of the genetic testing complaint handling process, an alternate dispute resolution session will be offered to the parties. The inspector’s role as a mediator during the session is to structure discussions, organize information, help the parties express themselves and point out opportunities for agreement. The inspector is neutral and does not create the resolution nor make a ruling whether the complaint is founded or unfounded.

Where a genetic testing complaint, that was filed before July 29, 2019, is not settled, and on the written request of the complainant, the Minister may appoint an adjudicator to settle the matter.

Note

Unresolved Genetic Testing complaints, filed with the Labour Program on or after July 29, 2019, will be referred to the Canada Industrial Relations Board (the “Board”) for a hearing.

For all information, please refer to the Board’s website.

Reprisal (New)

On or after July 29, 2019, any employee may file a complaint in writing to the Canada Industrial Relations Board if they believe that their employer has taken reprisal against them by doing one of the following:

  • dismissing
  • suspending
  • laying off or demoting the employee
  • imposing a financial or other penalty or
  • taking any disciplinary action because the employee has filed a complaint under Part III of the Code
For additional information on filing a reprisal complaint, visit the Canada Industrial Relations Board’s website.

Sexual harassment

The Code defines sexual harassment and establishes a right to freedom from such treatment for all employees. Employers are required, after consultation with employees or their representatives, to issue and post a policy statement concerning sexual harassment in the workplace.

Minimum age of employment

Persons under the age of 17 years may be employed provided that:

Statutory leaves

Maternity-related reassignment and leave, maternity leave, and parental leave

An employee who is pregnant or nursing may request that the employer temporarily modify her job duties or reassign her to another job, where reasonably practicable, if continuing any of her current duties may pose a risk to her health or that of the fetus or child. A physician’s certificate indicating how long the risk is likely to last, and what activities or conditions should be avoided, is required.

An employee who has worked for the same employer for at least 6 months and has provided her employer with a certificate of a qualified health care practitioner certifying that she is pregnant is entitled to up to 17 weeks of maternity leave to have her child. Additional parental leave of up to 63 weeks is available to natural or adoptive parents, if each has worked for the same employer for at least 6 months and has or will have care and custody of a child. Except where leave is extended following an employer’s refusal to allow an interruption (see below), the combined maternity and parental leaves cannot exceed 78 weeks for one employee or 86 weeks for two employees (where the parental leave is shared by two parents).

Maternity leave can be extended up to the day on which the child is born if the birth has not occurred within the 17-week leave period.

If the child is hospitalized during the employee’s maternity or parental leave, the employee can request to have the leave interrupted. Also, while on parental leave, an employee may interrupt the leave in order to take other statutory leaves (except for purposes of annual training for reservist leave).

Compassionate care leave

Employees are entitled to up to 28 weeks of compassionate care leave to provide care and support to a gravely ill family member. To be eligible for the leave, a certificate is required from a medical doctor or nurse practitioner, stating that the family member has a serious medical condition with a significant risk of death within 26 weeks.

The Code provides protection against employee dismissal, lay off, suspension, demotion or discipline because of absence due to compassionate care leave.

Leave related to critical illness

An employee, who is a family member of a critically ill child who is under 18 years of age, is eligible to take up to 37 weeks of leave to provide care or support to the child.

If two or more children of an employee are critically ill, the employee is eligible for separate leaves of 37 weeks with respect to each affected child.

An employee, who is a family member of a critically ill adult who is 18 years of age and over, is eligible to take up to 17 weeks of leave to provide care or support to the adult.

An employee may interrupt the leave in order to take medical leave or work-related illness and injury leave.

The Code provides protection against employee dismissal, lay off, suspension, demotion or discipline because of absence due to leave related to critical illness.

Leave related to death and disappearance

An employee, whose child is under 18 years of age and has disappeared or died as a result of a probable crime, is eligible to take up to 52 weeks of leave in the case of a missing child and up to 104 weeks of leave if the child has died.

An employee is not entitled to the leave of absence if the employee is charged with the crime or it is probable, considering the circumstances, that the child was a party to the crime.

If two or more children of an employee disappear or are murdered as a result of the same event, the employee is eligible for only one leave of 52 or 104 weeks respectively. However, if two or more children of an employee disappear or are murdered as a result of different events, the employee will be eligible for separate leaves with respect to each affected child.

An employee may interrupt the leave in order to take medical leave or work-related illness and injury leave.

The Code provides protection against employee dismissal, lay off, suspension, demotion or discipline because of absence due to leave related to death or disappearance.

The Federal Income Support for Parents of Murdered or Missing Children grant is available to eligible parents who have lost income as a result of taking time away from work to cope with the death or disappearance of their child as a result of a probable Criminal Code offence.

Medical leave protection

An employee is entitled to medical leave protection of up to 17 consecutive weeks. Employees are protected from dismissal, suspension, lay off, demotion or discipline because of absence from work due to illness or injury. If requested in writing by the employer, within 15 days of the return to work, the employee must provide a medical certificate certifying that the employee was not able to work during that period. Seniority accumulates, and pension and benefit plans, would continue to be in force during the absence provided the employee pays any normally required contributions. The employer is not required to continue wage payments during medical leave but must maintain contributions to health and disability benefit plans in at least the same proportion as if the employee were at work.

Work-related injury or illness protection

Employees are protected from dismissal, suspension, lay off, demotion or discipline because of absence from work due to work-related illness or injury. During such absences, employees are entitled to wage replacement payable at a rate equivalent to that provided under applicable workers’ compensation legislation in the employee’s province of permanent residence.

Long-term disability plans

Employers who voluntarily provide a long-term disability (LTD) plan as a discretionary benefit to their employees are required to insure these plans. The LTD obligation is on a go-forward basis commencing July 1, 2014. It does not retroactively apply with respect to employees who are already receiving LTD benefits or who have applied to receive these benefits prior to this date. Labour Program inspectors have the authority to request proof that the long-term disability plan is insured.

Personal leave

Every employee is entitled to and shall be granted a leave of absence from employment of up to 5 days in every calendar year, to:

  • treat their illness or injury
  • carry out responsibilities related to the health or care of any of their family members
  • carry out responsibilities related to the education of any of their family members who are under 18 years of age
  • address any urgent matter concerning themselves or their family members, and
  • attend their citizenship ceremony under the Citizenship Act.

If the employee has completed 3 consecutive months of continuous employment with the employer, the employee is entitled to the first 3 days of the leave with pay at their regular rate of wages for their normal hours of work.

The leave of absence may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration. The employer may request that the employee provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

Leave for victims of family violence

Every employee is entitled to and shall be granted a leave of absence from employment of up to 10 days in every calendar year, to:

  • seek medical attention for themselves or their child in respect of a physical or psychological injury or disability
  • obtain services from an organization which provides services to victims of family violence
  • obtain psychological or other professional counselling
  • relocate temporarily or permanently
  • seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding

If the employee has completed 3 consecutive months of continuous employment with the employer, the employee is entitled to the first 5 days of the leave with pay at their regular rate of wages for their normal hours of work. The employer may request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

Leave for traditional Aboriginal practices

Every employee who is an Aboriginal person and who has completed 3 consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to 5 days in every calendar year, in order to enable the employee to engage in traditional Aboriginal practices, notably: hunting, fishing, harvesting and any practice prescribed by regulation. For the purposes of this leave, Aboriginal means Indian, Inuit or Métis.

Leave for Court or jury duty

Every employee is entitled to and shall be granted a leave of absence from employment to attend court to act as a witness in a proceeding, act as a juror in a proceeding or participate in a jury selection process.

Bereavement leave

Every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family, a leave of absence from employment of up to 5 days that may be taken during the period that begins on the day on which the death occurs and ends 6 weeks after the latest of the days on which any funeral, burial or memorial service of that immediate family member occurs.

If the employee has completed 3 consecutive months of continuous employment with the employer, the employee is entitled to the first 3 days of the leave with pay at their regular rate of wages for their normal hours of work.

The leave of absence may be taken in one or two periods. The employer may require that any period of leave be of not less than one day’s duration.

At the request of the employee, the employer may extend, in writing, the period during which the leave of absence from employment may be taken.

Every employee who takes the leave of absence shall, as soon as possible, provide the employer with written notice of the beginning of any period of leave of absence and of the length of that leave.

Leave of absence for members of the reserve forcee

An employee who is a member of the Reserve Force and who has 3 or more consecutive months of continuous employment is entitled to a leave of absence without pay from their employment to take part in annual training or in certain military operations in Canada or abroad, or to participate in a Canadian Armed Forces military skills training. The Code also provides the employee with protection against dismissal, lay off, suspension, demotion or discipline due to their reservist activities.

The employee may take up to a maximum of 24 months of leave within any 60-month period. The Canadian Forces Liaison Council provides education and support to reservists and employers and plays a key role in resolving concerns related to the deployment of reservists. For additional information about the Council, visit Employers supporting Reservists or call 1-800-567-9908.

3. Ensuring compliance

Both employees and employers must follow the conditions set out in Part III of the Code. Even if both an employee and employer agree to do so, they cannot operate below these conditions.

Through educational and awareness activities, the Labour Program helps employers comply with the employment conditions set out in Part III of the Canada Labour Code. The Labour Program also enforces compliance with the Code by engaging in proactive workplace inspections and investigations.

When a violation is found, the employer will be asked to correct the violation or, as the case may be, implement appropriate workplace practices. The employer has the opportunity to provide an Assurance of Voluntary Compliance. This is a written commitment that the violation will be corrected within a specified period of time.

If a violation of the Code is not corrected despite the efforts of the Labour Program, prosecution in a court of law may be taken. Prosecution may be pursued whenever someone who knows the legal obligations willfully breaks the law. Repeated violations are an indication of intentional actions.

Any person who receives a Notice of Unfounded Complaint, Notice of Voluntary Compliance or a Payment Order may request a review of the investigation decision, if the request is made to the Minister of Labour, with written reasons and within 15 days after the notice or order was served.

Upon completion of the review, the inspector’s decision may be confirmed, varied or overturned. The review decision may be appealed on question of law or jurisdiction to a referee.

However, review requests may directly be referred to a referee to be heard, or to the Canada Industrial Relations Board, if the review request decision to be sent directly to adjudication was made on or after July 29, 2019.

For more information, please visit the “Complaint labour standards” publication.

4. Administration

The Minister of Labour has appointed inspectors to ensure that the Part III provisions are respected in federally regulated workplaces.

Under the Code, inspectors have the authority to:

  • inspect and copy employers’ records related to wages, hours of work and conditions of employment
  • require employers and employees to provide documents, administer oaths, take and receive affidavits and statutory declarations
  • make determinations using the best available evidence, when records are not provided by the employer
  • issue Payment Orders or Notice of Unfounded Complaints and Notices of Voluntary Compliance
  • enter employers’ premises and to question both employers and employees and
  • suspend, settle and/or reject a complaint

Obligations

Employees and employers are required to give inspectors all reasonable assistance in the performance of these duties.

Employers are obliged to keep payroll and other records relating to employment for at least 36 months. They must also post an outline of the Code requirements and notices as required by the Code and relevant Regulations along with an indication of where their employees may get further information.

5. Complaints

The Code provides a process to address federal labour standards complaints. There are timeframes that need to be followed and they vary depending on the type of complaint.

Employees must be timely in filing a complaint:

  • Unjust dismissal complaints must be filed within 90 days of the date of dismissal.
  • Genetic testing complaints:
    • Complaints of discrimination based on genetic testing results must be filed not later than 90 days after the date on which the complainant knew of the action or circumstances giving rise to the complaint.
    • Complaints regarding the use or collection of genetic testing results by the employer, without written consent by the employee, must be filed within six months from the day the employee was made aware of the issue. When this written consent is not obtain, the employee can file a complaint.
    • Complaints related to third-party disclosure of genetic testing results must be filed with the provincial Privacy Commissioner, or the Privacy Commissioner of Canada.
  • Monetary complaints must be filed within six months from the last day the employer was required to pay the amounts.
  • Non-monetary complaints must be filed within six months from the day the employee was aware of the issue.
  • Reprisal complaints (new), as of July 29, 2019, must be filed directly with the Canada Industrial Relations Board within 90 days of the date of the reprisal.

An employee filing certain complaints can request that their identity not be shared with the employer during the investigation. However, confidentiality cannot be maintained if:

  1. the disclosure is necessary for the purposes of a prosecution;
  2. the Minister determines that the disclosure is in the public interest; or
  3. an inspector determines that the disclosure is necessary for the investigation of the complaint to be carried out and the complainant consents to the disclosure in writing.

If as per c. above, if the complainant refuses to grant consent for disclosure, the complaint is deemed withdrawn.

Withholding your information from the employer, however, may limit the ability to facilitate and expedite the processing of this complaint. For more information regarding this, please contact the Labour Program.

6. More information

This publication is provided for information purposes only. For interpretation and application purposes, refer to Part III of the Canada Labour Code (Labour Standards), the Canada Labour Standards Regulations, and relevant amendments.

Information about these provisions may be obtained from the Labour Program by calling toll free 1-800-641-4049 or by submitting questions or comments through the Labour Program Contact us form.

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