Canada Labour Code
Sections and provisions with full text and the judgments that cite each one.
Section 159 — 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 160 — Application of certain provisions
Subsections 121.2(3) to (8) apply, with such modifications as the circumstances require, in respect of a regulation made pursuant to subsection 159(2) except that the references to “subsection (2)”…
Section 161 — Pilot projects
Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot…
Section 162 — Repeal of regulations
Unless they are repealed earlier, regulations made under section 161 are repealed on the fifth anniversary of the day on which they come into force.
Section 163 to 165
[Repealed, R.S., 1985, c. 9 (1st Supp.), s. 4]
Section 166 — Definitions
In this Part, collective agreement means an agreement in writing containing terms or conditions of employment of employees, including provisions with reference to rates of pay, hours of work and…
Section 167 — Application of Part
This Part applies 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,…
Section 167.01 — 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 167.1 — Prohibition
An employer is prohibited from treating an employee as if they were not their employee.
Section 167.2 — 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 168 — Saving more favourable benefits
This Part and all regulations made under this Part apply notwithstanding any other law or any custom, contract or arrangement, but nothing in this Part shall be construed as affecting any rights or…
Section 168.1
[Repealed, L-2, s. 168.1]
Section 169 — Standard hours of work
Except as otherwise provided by or under this Division the standard hours of work of an employee shall not exceed eight hours in a day and forty hours in a week; and no employer shall cause or permit…
Section 169.1 — Break
Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes during every period of five consecutive hours of work. If the employer requires the employee to be at their…
Section 169.2 — Rest period
Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours between work periods or shifts. Despite subsection (1), an employer may require that an employee…
Section 170 — Modified work schedule — collective agreement
An employer may, in respect of one or more employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the standard hours of work set out in…
Section 171 — Maximum hours of work
An employee may be employed in excess of the standard hours of work but, subject to sections 172, 176 and 177, and to any regulations made pursuant to section 175, the total hours that may be worked…
Section 172 — Maximum hours of work — collective agreement
An employer may, in respect of one or more employees subject to a collective agreement, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 or…
Section 172.1 — Vote
If a work schedule is established, modified or cancelled under subsection 170(2) or 172(2), any affected employee may, within ninety days after the new schedule or its modification or cancellation…
Section 172.2 — Duration
A work schedule that is established or modified under subsection 170(1) or 172(1) remains in effect for the duration of the written agreement between the employer and the trade union. A work schedule…
Section 173 — Scheduling hours of work
Except as may be otherwise prescribed by the regulations, hours of work in a week shall be so scheduled and actually worked that each employee has at least one full day of rest in the week, and,…
Section 173.01 — Notice — work schedule
The employer shall provide an employee with their work schedule in writing at least 96 hours before the start of the employee’s first work period or shift under that schedule. Subject to subsection…
Section 173.1 — Shift changes
If an employer changes a period or shift during which an employee is due to work or adds another work period or shift to the employee’s schedule, the employer shall give the employee written notice…
Section 174 — Overtime pay or time off
Subject to any regulations made under section 175, when an employee is required or permitted to work overtime, they are entitled to be paid for the overtime at a rate of wages not less than one and…
Section 174.1 — Right to refuse
Subject to subsections (2) and (3), an employee may refuse to work the overtime requested by the employer in order to carry out the employee’s family responsibilities referred to in paragraph…
Section 175 — Regulations for the purpose of this Division
The Governor in Council may make regulations modifying any provision of this Division for the purpose of the application of this Division to classes of employees who are employed in or in connection…
Section 176 — Excess hours under permit
On the application of an employer or an employer’s organization, the Head, having regard to the conditions of employment in any industrial establishment and the welfare of the employees, may, by a…
Section 177 — Emergency work
The maximum hours of work in a week specified in or prescribed under section 171, established pursuant to section 172 or prescribed by regulations made under section 175 may be exceeded, but only to…
Section 177.1 — Right to request
An employee who has completed six consecutive months of continuous employment with an employer may request from the employer a change to the following terms and conditions of employment: the number…
Section 178 — Minimum wage
Subject to subsections (2) to (5), an employer shall pay to each employee a wage at a minimum hourly rate that is not less than the rate that is determined in accordance with section 178.1. If the…
Section 178.1 — Minimum wage — rate
Subject to subsection (2), the minimum hourly rate referred to in subsection 178(1) is $15. On April 1 of each year after the year in which this section comes into force, the minimum hourly rate is…
Section 179 — Employees under 18 years of age
An employer may employ a person under the age of 18 years only in an occupation specified by the regulations; and subject to the conditions fixed by the regulations for employment in that occupation.
Section 180
[Repealed, R.S., 1985, c. 9 (1st Supp.), s. 6]
Section 181 — Regulations applicable to Division
The Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations requiring…
Section 181.1 — Medical break
Subject to the regulations, every employee is entitled to and shall be granted any unpaid breaks that are necessary for medical reasons. On written request by the employer, the employee must provide…
Section 181.2 — Nursing break
Subject to the regulations, every employee who is nursing is entitled to and shall be granted any unpaid breaks necessary for them to nurse or to express breast milk.
Section 181.3 — Regulations
The Governor in Council may make regulations modifying the provisions of sections 181.1 or 181.2 for the purpose of the application of this Division to any class of employees; exempting any class of…
Section 182 — Application of sections
For the purposes of ascertaining whether a discriminatory practice under section 11 of the Canadian Human Rights Act is being or has been engaged in, sections 249, 250, 252, 253, 254, 255 and 264…
Section 183 — Definitions
In this Division, vacation pay means the amount an employee is entitled to under section 184.01; ( indemnité de congé annuel ) year of employment means continuous employment of an employee by one…
Section 184 — Annual vacation with pay
Except as otherwise provided by or under this Division, in respect of every year of employment by an employer, every employee is entitled to and shall be granted a vacation with vacation pay of at…
Section 184.01 — Calculation of vacation pay
An employee is entitled to vacation pay equal to: 4% of their wages during the year of employment in respect of which they are entitled to the vacation; 6% of their wages during the year of…
Section 184.1 — Entitlement to vacation in one or more periods
A vacation granted to an employee under this Division is to be taken only in one period or, if the employee makes a request in writing and the employer approves it in writing, in more than one period.
Section 185 — Granting vacation with pay
The employer of an employee who under this Division has become entitled to a vacation with vacation pay shall grant to the employee the vacation to which the employee is entitled, which shall begin…
Section 186 — Vacation pay
Vacation pay shall for all purposes be deemed to be wages.
Section 187 — General holiday during vacation
Where one or more general holidays occur during a vacation granted to an employee pursuant to this Division, the vacation to which the employee is entitled under this Division may be extended by one…
Section 187.1 — Interruption
An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason…
Section 187.2 — Postponement
Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section…
Section 188 — Termination of employment during year
When an employee ceases to be employed, the employer shall pay to the employee within 30 days after the day on which the employee ceases to be employed any vacation pay then owing by the employer to…
Section 189 — Transfer
Despite the lease or transfer of a work, undertaking or business, or any part of a work, undertaking or business, from one employer to another employer by sale, merger or otherwise, the employment of…
Section 190 — Regulations in relation to annual vacations
The Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations defining the…