Canada Labour Code
Sections and provisions with full text and the judgments that cite each one.
Section 104 — Consent of Board before prosecution
Except with the consent in writing of the Board, no prosecution shall be instituted in respect of an offence under this Part.
Section 104.1 — Round-table meetings
The Minister shall meet from time to time with a group consisting of the experts in industrial relations, and representatives of employers and of trade unions, that the Minister considers advisable…
Section 105 — Mediators
The Minister, on request or on the Minister’s own initiative, may, where the Minister deems it expedient, at any time appoint a mediator to confer with the parties to a dispute or difference and…
Section 106 — Inquiries regarding industrial matters
The Minister, on application or on the Minister’s own initiative, may, where the Minister deems it expedient, make any inquiries that the Minister considers advisable regarding matters that may…
Section 107 — Additional powers
The Minister, where the Minister deems it expedient, may do such things as to the Minister seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of…
Section 108 — Industrial Inquiry Commission
Pursuant to section 106 or where, in any industry, a dispute or difference between any employer and employees exists or is apprehended, the Minister may appoint a commission to be designated as an…
Section 108.1 — Minister may order vote to be held
Where notice to bargain collectively has been given under this Part, and the Minister is of the opinion that it is in the public interest that the employees in the affected bargaining unit be given…
Section 109 — Application for access order
Where the Board receives from a trade union an application for an order granting an authorized representative of the trade union access to employees living in an isolated location on premises owned…
Section 109.1 — Communication with off-site workers
On application by a trade union, the Board may, by order, require an employer to give an authorized representative of the trade union mentioned in the order, or the Board, or both, the names and…
Section 110 — Financial statement of trade union and employers’ organization
Every trade union and every employers’ organization shall, forthwith on the request of any of its members, provide the member, free of charge, with a copy of a financial statement of its affairs to…
Section 111 — Regulations
The Governor in Council may make regulations prescribing to or by whom and in what manner any notice, request or report that may be given or made to or received by the Minister shall be given, made…
Section 111.01 — Administrative monetary penalties
The Governor in Council may make regulations establishing an administrative monetary penalties scheme for the purpose of promoting compliance with subsections 94(4) and (6), including regulations…
Section 111.1 — Delegation
The Minister may delegate to the head of the Federal Mediation and Conciliation Service his or her powers of appointment under this Act.
Section 112 — Documents as evidence
Any document purporting to contain or to be a copy of any order or decision of the Board and purporting to be signed by a member of the Board is admissible in any court in evidence without proof of…
Section 113 — Late report not invalid
The failure of a conciliation officer, conciliation commissioner or conciliation board to report to the Minister within a period limited by this Part does not invalidate the proceeding or terminate…
Section 114 — Defect in form or irregularity
No proceeding under this Part is invalid by reason only of a defect in form or a technical irregularity.
Section 115 — Collective agreement to be filed
Each party to a collective agreement shall, forthwith on its execution, file one copy of the collective agreement with the Minister.
Section 116 — Remuneration and expenses
The members of an Industrial Inquiry Commission, the members of a conciliation board and every person not employed in the federal public administration who acts as a conciliation officer or…
Section 117 — Persons deemed not to be employed in public service
Unless the Governor in Council otherwise orders in a case or class of cases, a person appointed under this Part shall be deemed not to be employed in the public service for the purposes of the Public…
Section 118 — Witness fees and expenses
A person who is summoned by the Board, a conciliation board, a conciliation commissioner or an Industrial Inquiry Commission to attend as a witness in any proceeding taken under this Part, and who so…
Section 119 — Not required to give evidence — Part I
No member of a conciliation board or no conciliation officer, conciliation commissioner, officer or employee employed in the federal public administration or person appointed by the Board or the…
Section 119.1 — No disclosure
For greater certainty, the following may not be disclosed without the consent of the person who made them: notes or draft orders or decisions of the Board or any of its members, of an external…
Section 120 — Where uniform provincial legislation
Where this Part and legislation enacted by the legislature of a province are substantially uniform, the Minister may, on behalf of the Government of Canada, with the approval of the Governor in…
Section 121 — Annual report of Board
The Board shall, on or before January 31 next following the end of each fiscal year, submit to the Minister a report on the activities of the Board during the immediately preceding fiscal year and…
Section 121.1 — Provincial Crown corporations
The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in…
Section 121.2 — Exclusion from application
The Governor in Council may by regulation exclude, in whole or in part, from the application of any of the provisions of this Part any employment, or any class or classes of employment, on or in…
Section 121.3 — Non-application of Statutory Instruments Act
Subsection 5(1) of the Statutory Instruments Act does not apply to a regulation made pursuant to section 121.1 or 121.2.
Section 121.4 — Definition of regulation
In this section, regulation means a regulation made under subsection 121.2(2). A bargaining agent that represents a bargaining unit immediately before the time when a regulation is made to which the…
Section 121.5 — Regulations
Notwithstanding section 121.4, the Governor in Council may make regulations respecting any matter referred to in that section in relation to a regulation made under subsection 121.2(2).
Section 122 — Definitions
In this Part, appeals officer [Repealed, 2017, c. 20, s. 338] Board [Repealed, 2017, c. 20, s. 338] collective agreement has the same meaning as in section 166; ( convention collective ) danger means…
Section 122.1 — Prevention of accidents, injuries and illnesses
The purpose of this Part is to prevent accidents, occurrences of harassment and violence and physical or psychological injuries and illnesses arising out of, linked with or occurring in the course of…
Section 122.2 — Preventive measures
Preventive measures should consist first of the elimination of hazards, then the reduction of hazards and finally, the provision of personal protective equipment, clothing, devices or materials, all…
Section 122.21 — Head of Compliance and Enforcement
The Minister may designate a person as Head of Compliance and Enforcement. If no Head is designated under subsection (1), the Minister shall exercise the powers and perform the duties and functions…
Section 122.3 — Rights of employees
An employee with a special need shall be given any direction, notice, information, instruction or training that is required to be given to employees under this Part by any method of communication…
Section 123 — Application of Part
Notwithstanding any other Act of Parliament or any regulations thereunder, this Part applies to and in respect of employment on or in connection with the operation of any federal work, undertaking or…
Section 123.1 — Canadian Human Rights Act
For greater certainty, nothing in this Part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act .
Section 123.2 — Presumption
A person who is paid remuneration by an employer is presumed to be their employee unless the contrary is proved by the employer. The presumption does not apply for the purposes of a prosecution under…
Section 123.3 — Burden of proof
If, in any proceeding under this Part other than a prosecution, or in any proceeding under Part IV in respect of a violation that is related to this Part, an employer alleges that a person is not…
Section 124 — General duty of employer
Every employer shall ensure that the health and safety at work of every person employed by the employer is protected.
Section 125 — Specific duties of employer
Without restricting the generality of section 124, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in…
Section 125.1 — Further specific duties of employer
Without restricting the generality of section 124 or limiting the duties of an employer under section 125 but subject to any exceptions that may be prescribed, every employer shall, in respect of…
Section 125.2 — Employer to provide information in emergency
An employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer,…
Section 125.3 — Coal mines
Every employer of employees employed in a coal mine shall comply with every condition imposed on the employer pursuant to paragraph 137.2(2)(b) or (3)(a); comply with every provision substituted for…
Section 125.4 — Prohibition
An employer is prohibited from treating an employee as if they were not their employee.
Section 126 — Health and safety matters
While at work, every employee shall use any safety materials, equipment, devices and clothing that are intended for the employee’s protection and furnished to the employee by the employer or that are…
Section 127 — Interference at accident scene prohibited
Subject to subsection (2), if an employee is killed or seriously injured in a work place, no person shall, unless authorized to do so by the Head, remove or in any way interfere with or disturb any…
Section 127.1 — Complaint to supervisor
An employee who believes on reasonable grounds that there has been a contravention of this Part or that there is likely to be an accident, injury or illness arising out of, linked with or occurring…
Section 128 — Refusal to work if danger
Subject to this section, an employee may 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…
Section 128.1 — Employees on shift during work stoppage
Unless otherwise provided in a collective agreement or other agreement, employees who are affected by a stoppage of work arising from the application of section 127.1, 128 or 129 or subsection 145(2)…
Section 129 — Head’s investigation
If the Head is informed of the employer’s decision and the continued refusal under subsection 128(16), the Head shall investigate the matter unless the Head is of the opinion that the matter is one…