523:, safety manuals in telecommunications companies and other industries and so on. These duties extend beyond the workplace and include all areas in which an employee may travel in the course of a work day. The employers are responsible for employees, that is with those with whom they are in an employment relationship. As well, the employer has responsibility to ensure other persons, including visitors and contractors, do not imperil employee safety. Sections 122.3 and 132 establish conditions for employees with a
547:
with fewer than 20 employees, at least one representative must be selected by the non-managerial employee as a Health and Safety
Representative. The employer must be readily accessible to this representative in order to address health and safety matters. Officers are delegated authorities for enforcing the Code by the Minister of Labour and investigate incidents and complaints concerning health and safety in the workplace. Violations for this part of the Labour Code can be punishable by up to two years in
642:, health and disability benefits and the seniority of any employee… a leave of absence…shall accumulate during the entire period of the leave." Specifically, an employee is permitted 17 weeks of maternity leave, 63 weeks for parental leave, 8 weeks for compassionate care leave, and 3 days for bereavement leave. The leave period, and its associated benefits, due to illness or injury, depends upon the nature of the illness or injury and the period of absence.
135:
25:
307:, negotiations between the employer and union often dragged on or broke down completely. In these instances, the unions would use techniques such as strikes and sabotage to impress on the employer the idea that the workers had rights as humans and even deserved respect. The unionism would then often build solidarity between workers, even in different industries. In response, the
706:. The company said: "unprecedented circumstances with regards to the coronavirus pandemic and the subsequent decline in air travel prompted by containment measures worldwide" were to blame. Passenger loads at the airline "dropped by more than 95 per cent due to travel restrictions imposed because of the coronavirus outbreak".
546:
In order to facilitate investigations sections 134 to 140 establish requirements, regulations, and procedures for health and safety committees, representatives, and officers. For workplaces with 20 or more employees, a committee must be established consisting of at least two employees. For workplaces
445:
Divisions III, IV, V.1, and VI, set out the procedures and regulations for collective bargaining. In short, a trade union for employees or an organization representing employers must first be certified by the Canada Labour
Relations Board, whose composition and procedures are detailed in Division II.
449:
The role of the Canada Labour
Relations Board is to interpret the code and to investigate allegations of unfair labour practices and failures to bargain in good faith. Division V details the role of the Federal Mediation and Conciliation Service. It is "responsible for fostering harmonious relations
469:
vote must result in a majority wishing to proceed with a work stoppage. However, this cannot occur during the term of an agreement, only once it expires. The union (for strikes) or the employers (for lockouts) must give the
Minister of Labour 72 hours' notice before the work stoppage can occur. The
538:
In cases of conflict between the employee and employer sections 127.1 and 128 set out a resolution process. An employee is permitted to "refuse to use or operate a machine or thing, to work in a place or to perform an activity, if the employee while at work has reasonable cause to believe that the
334:
of 1907 (IDI). This act also introduced compulsory investigation of labour disputes, a prohibition of work stoppages pending this investigation, and the requirement for compromise. As the industries continued to resist the demands laid down by the unions, the organizations grew larger and began to
658:
proceedings of any employee. Division XIV makes provisions in cases of unjust dismissals. A complaint of an unjust dismissal may be made to an inspector who in turn can require the employer to provide a written statement of the reasons for the dismissal. If the inspector cannot settle the dispute
534:
Section 126 sets out the duties of employees. It is their duty to "take all reasonable and necessary precautions to ensure the health and safety of the employee, the other employees and any person likely to be affected by the employee's acts or omissions" and to use any safety features that the
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Division I establishes the eight-hour day and forty hour week but permits averaging if the profession demands extended hours. Workers must get at least one full day, "Sunday shall be the normal day of rest," and overtime is paid at least one and one-half times the normal wage. Division II
649:
and the Canada
Employment Insurance Commission and a 2-week notice to individual employees. Division X deals with the termination of fewer than 50 people wherein 2 weeks' notice or 2 weeks' pay in lieu of notice must be given to the employee. Division XI deals with the allotment of
384:
Significant amendments were made to this part of the Code in 1973. These amendments included extending bargaining rights to some previously excluded groups (e.g., supervisors, employed professionals, etc.) and expanding the jurisdiction of the labour relations board to include
607:
wage practices. These first three divisions should also be read with the Fair Wages and Hours of Labour Act (R.S. 1985, c. L-4 ) which concerns public works and those on government contracts. Also, division XV requires that payment of wages must be made within thirty days.
473:
Also of note, Division IV sets out special arrangements for interruptions in employment due to technological change. It also allows union dues to be deducted from an employee's wages, and, in case of religious objections, forward the amount deducted to a registered
578:
The third part of the Code is divided into 16 divisions which deal with terms and conditions of employment concerning hours, wages, leave, holidays, and sexual harassment. It also sets the conditions for the termination of employment.
506:
Sections 124 and 125 set out the duties of employers with regard to the health and safety of their employees. A list is provided of 45 general and specific duties for the employer to follow. For example, these duties include providing
813:"This discussion paper summarizes recommendations from the Federal Labour Standards Review Commission report and includes questions that were aimed at eliciting responses during the consultation process which ended on June 30, 2009".
389:
and remedial powers. Also, provisions for adjustments to technological changes were introduced. Finally, in 1988 the Code was reissued as part of the
Revised Statutes of Canada, (R.S.C. 1985, c. L-2.), wherein Part V became Part I.
470:
Minister can prevent or cease a work stoppage by appointing a conciliation officer, commissioner, or board, to mediate negotiations. Section 100 of the Code sets a limit of $ 1000 per day is set for illegal lockouts or strikes.
666:
by saying that "every employee is entitled to employment free of sexual harassment." . It defines sexual harassment as "any conduct, comment, gesture or contact of a sexual nature (a) that is likely to cause offence or
298:
in Canada, as elsewhere, brought with it increasingly poor employment standards. Employers often took advantage of their workers by providing them with little to no health and safety elements in the workplace and no
836:, Canada Gazette Part II, Vol. 135, No. 25, "Regulations Amending the Ontario Hydro Nuclear Facilities Exclusion from Part I of the Canada Labour Code Regulations (Industrial Relations) (Miscellaneous Program)"
435:
824:("developed to assist Public Service managers in interpreting and implementing the requirements of Part II of the Canada Labour Code (the Code) ... Since the Code was extensively amended in September 2000")
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mutually agreed on by the employee and the trade union. Division V.1 prohibits work stoppages "to the extent necessary to prevent an immediate and serious danger to the safety or health of the public."
570:. Section 137.1 establishes the composition, procedures and regulations of a Coal Mining Safety Commission. Section 125.3 requires employers to submit their plans and procedures to this commission.
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to any employee; or (b) that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion."
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between trade unions and employers by assisting them in the negotiation of collective agreements and their renewal." They are employees of
Employment and Social Development Canada, formerly
816:
740:
442:, by setting out that employees are "free to join the trade union of their choice and to participate in its lawful activities" and employers, likewise, are free to organize.
645:
Divisions IX to XII, XIV set the procedures for termination of employees. Division IX deals with lay-offs of 50 or more people wherein a 16-week notice must be given to the
319:
whose purpose was to help settle labour disputes and promote fair wages and proper conditions for workers. Prior to the act disputes were handled by the
Postmaster General.
503:. The beginning of this part states the purpose here "is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment."
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and navigation, interprovincial or international transportation (i.e., road, railway, ferry or pipeline). It also applies to businesses in the
Territories, on
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The Code places a duty on the two sides to meet and negotiate "in good faith and make every reasonable effort to enter into a collective agreement" .
833:
830:("All of the following acts, exclusions and regulations are related to part II of the Canada Labour Code and/or Occupational Health and Safety.")
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P.C. 1003) of 1944 introduced the provisions for certification of unions, leading to the temporary dissolution and outlawing of the major
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as set out in section 148. A death or injury that resulted in combination with a violation of this part of the act can be viewed as a
744:
680:
346:, the wartime government suspended provincial labour legislation and the IDI act. However, the Wartime Labour Relations Regulations (
630:. These sections say that "no employer shall dismiss, suspend, lay off, demote or discipline an employee because of absence due to
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61:
410:. The third part deals with employment standards but defers mostly to Provincial legislation for each province of employment.
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Divisions IV and V establish the amount, length and pay for vacations and holidays. Division VI allows the
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339:. This created even more fear in the government concerning unions and led to further legislation.
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performance of the activity constitutes a danger to the employee or to another employee." All
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pay and division XII prohibits termination or any other disciplinary action due to any
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Health and Safety Laws and
Regulations, Human Resources and Skills Development Canada
762:"WestJet seeks exemption to section of Canada Labour Code covering group terminations"
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With group terminations, an employer that is in a federally-regulated industry like a
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Divisions V.1 and VI set out conditions for strikes and lockouts. Before such
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coalfield strike, this requirement became paramount and was introduced in the
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Generally speaking, the Code only applies to those industries in which the
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In 1948, this Order in Council and the IDI act were consolidated into the
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The Code is divided into three distinct parts. The first part deals with
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228:. The objective of the Code is to facilitate production by controlling
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then the Minister may appoint an adjudicator to resolve the dispute.
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This part of the Code is divided into seven divisions and deals with
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sought an exemption on Part 3 Division IX law from Labour minister
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must be reasonably investigated to find if the claim is justified.
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434:. It, first of all, establishes basic freedoms, in accordance with
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shall be used for workers in industries under federal jurisdiction
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638:…", or any other of these aforementioned leave periods and that "
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381:, (S.C. 1966–67, c. 62). It came into force on January 1, 1968.
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of workers in the workplace. It focuses on the recognition and
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Divisions VII, VIII, XIII, and XIII.1 make arrangements for
362:). The WLRR also introduced the duty to meet and bargain in
834:
SOR/2001-520: Canada Industrial Relations Board Regulations
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256:
811:
Review of Labour Standards in the Canada Labour Code, 2009
741:"Celebrating 150 Years of Working in Canada | Monster.ca"
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271:, and certain Crown Corporations. It also applies to the
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An Act to consolidate certain statutes respecting labour
519:), prescribed safety materials, equipment, devices and
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between unions and employers. It comes mostly from the
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phone company is also required to co-operate with the
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Public Service Staff Relations Act (RS 1985, c. P-35)
370:, and the introduction of a labour relations board.
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instead of the provinces. These industries include:
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404:
Industrial Relations and Disputes Investigation Act
375:
Industrial Relations and Disputes Investigation Act
49:. Unsourced material may be challenged and removed.
647:Minister of Human Resources and Skills Development
487:This part of the Code deals with maintaining the
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822:Manager's Handbook Canada Labour Code - Part II
817:Part Two Interpretation, Policies and Guidelines
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326:amongst the union and employer. After the 1906
583:establishes that the Province of employment's
285:Public Service Modernization Act (2003, c. 22)
279:, and those covered under the (now repealed)
224:to consolidate certain statutes respecting
515:, sanitary and personal facilities (i.e.,
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599:, tools, etc. Division III refers to the
109:Learn how and when to remove this message
587:, with the exception of those based on
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689:Canada Employment Insurance Commission
483:Part 2: Occupational Health and Safety
315:of 1900. This Act created the federal
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335:plan large-scale tactics such as the
332:Industrial Disputes Investigation Act
408:health & safety in the workplace
406:of 1948. The second part deals with
47:adding citations to reliable sources
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566:Special conditions are set out for
245:federal government has jurisdiction
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452:Human Resources Development Canada
14:
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440:International Labour Organization
240:, and some employment standards.
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34:needs additional citations for
16:Canadian employment legislation
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238:occupational safety and health
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273:Royal Canadian Mounted Police
850:Canadian federal legislation
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414:Part 1: Industrial Relations
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806:Part One Review of the Code
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694:On 21 May 2020 during the
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354:in Canada (including the
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662:Division XV.1 prohibits
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368:unfair labour practices
337:Winnipeg General Strike
269:First Nations reserves
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420:collective bargaining
400:collective bargaining
317:Department of Labour
309:Government of Canada
222:Parliament of Canada
187:Parliament of Canada
143:Parliament of Canada
58:"Canada Labour Code"
43:improve this article
855:Canadian labour law
764:. CBC. 21 May 2020.
721:Canadian labour law
613:Governor in Council
603:for prohibition to
535:employer provides.
255:, chartered banks,
789:Canada Labour Code
779:Canada Labour Code
675:Group terminations
589:age discrimination
551:and a $ 1,000,000
456:Minister of Labour
454:and report to the
424:dispute resolution
379:Canada Labour Code
366:, prohibitions of
253:telecommunications
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41:Please help
36:verification
33:
669:humiliation
656:garnishment
624:bereavement
394:Legislation
387:enforcement
844:Categories
727:References
683:bank or a
628:sick leave
568:coal mines
561:prosecuted
541:complaints
497:prevention
364:good faith
328:Lethbridge
154:Long title
69:newspapers
652:severance
620:maternity
563:as such.
517:washrooms
509:first-aid
710:See also
597:uniforms
529:pregnant
521:clothing
465:occur a
432:lockouts
358:and the
277:military
265:shipping
261:airports
234:lockouts
216:) is an
173:Citation
773:Sources
700:WestJet
640:pension
632:illness
501:hazards
476:charity
438:of the
428:strikes
342:During
230:strikes
220:of the
83:scholar
794:CanLII
636:injury
626:, and
493:safety
489:health
305:unions
291:Origin
232:&
226:labour
210:French
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90:JSTOR
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685:CRTC
681:CDIC
559:and
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202:The
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