Canada Labour Code
Sections and provisions with full text and the judgments that cite each one.
Section 210.4 — Effect of leave
Despite the provisions of any income-replacement scheme or any insurance plan in force at the workplace, an employee who takes a leave of absence from employment under this Division is entitled to…
Section 210.5 — Prohibition
No employer shall dismiss, suspend, lay off, demote or discipline an employee because the employee applies for, intends to take or has taken a leave of absence from employment under this Division; or…
Section 210.6 — Regulations
The Governor in Council may make regulations defining the expression “immediate family” for the purposes of subsection 210(1); for the purposes of subsection 210(2), defining the expressions “regular…
Section 211 — Definitions
In this Division, joint planning committee means a committee established pursuant to section 214; ( comité mixte ) redundant employee means an employee whose employment is to be terminated pursuant…
Section 212 — Notice of group termination
Any employer who terminates, either simultaneously or within any period not exceeding four weeks, the employment of a group of 50 or more employees employed by the employer within a particular…
Section 213 — Cooperation with Commission
An employer who gives notice to the Head under section 212 and any trade union to which a copy of that notice is given must give the Canada Employment Insurance Commission any information requested…
Section 214 — Establishment of joint planning committee
An employer who gives notice to the Head under section 212 must, as soon as possible after giving the notice, establish a joint planning committee consisting of any number of members that is required…
Section 215 — Employee representatives
Where all redundant employees are represented by a trade union or trade unions, each trade union is entitled to appoint at least one member of the joint planning committee as a representative of the…
Section 216 — Time for appointment
The members of a joint planning committee must be appointed and must convene for their first sitting within two weeks after the date of the notice given to the Head under section 212.
Section 217 — Failure to appoint
If a trade union fails, or redundant employees fail, to appoint a member to a joint planning committee as provided in sections 214 and 215, the Head may, on application of any redundant employee,…
Section 218 — Notice of membership
On completion of the appointment of the members of a joint planning committee, the employer shall post the names of those members in a conspicuous place within the industrial establishment in which…
Section 219 — Procedure
Subject to this Division, a joint planning committee may determine its own procedure. The members of a joint planning committee shall elect from among themselves two co-chairpersons, one being a…
Section 220 — Wages
A member of a joint planning committee is entitled to such time from work as is necessary to attend sittings of the committee or to carry out any other functions as such a member, and any time spent…
Section 221 — Object of joint planning committee
It is the object of a joint planning committee to develop an adjustment program to eliminate the necessity for the termination of employment; or minimize the impact of the termination of employment…
Section 222 — Supplying of information
The employer and any trade union or redundant employees who appointed the members of a joint planning committee shall, on request of any member of the committee, forthwith provide the committee with…
Section 223 — Application to Minister for arbitrator
Where all members of a joint planning committee who are representatives of the redundant employees agree to do so or where all members of a joint planning committee who are representatives of the…
Section 224 — Appointment of arbitrator
The Minister may, on application under subsection 223(1), appoint an arbitrator to assist the joint planning committee in the development of an adjustment program and to resolve any matters in…
Section 225 — Applicable provisions
Sections 58 and 66 apply, with such modifications as the circumstances require, in respect of a decision of an arbitrator under section 224 as though it were a decision referred to in those sections.
Section 226 — Implementation of adjustment program
On completion of the development of an adjustment program, the employer shall implement the program and the joint planning committee and any trade union or redundant employees who appointed the…
Section 227 — Regulations
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 exempting…
Section 228 — Waiver of application of Division
On the submission of any person, the Minister may, by order and subject to any terms or conditions specified in the order, waive the application of this Division, or any provision thereof, in respect…
Section 229 — Application of sections 214 to 226
Sections 214 to 226 do not apply in respect of any redundant employees who are represented by a trade union if the trade union and the employer are bound by a collective agreement containing…
Section 229.1 — Application
This Division does not apply to an employee whose termination of employment is by way of dismissal for just cause.
Section 230 — Employer’s duty
An employer who terminates the employment of an employee must give the employee notice in writing of the employer’s intention to terminate their employment on a date specified in the notice, at least…
Section 231 — Conditions of employment
Where notice is given by an employer pursuant to subsection 230(1), the employer shall not thereafter reduce the rate of wages or alter any other term or condition of employment of the employee to…
Section 232 — Expiration of notice
Where an employee to whom notice is given by his employer pursuant to subsection 230(1) continues to be employed by the employer for more than two weeks after the date specified in the notice, his…
Section 233 — Regulations
The Governor in Council may make regulations prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of his employment by his employer; and [Repealed,…
Section 234 — Application of section 189
Section 189 applies for the purposes of this Division.
Section 235 — Minimum rate
An employer who terminates the employment of an employee who has completed twelve consecutive months of continuous employment by the employer shall, except where the termination is by way of…
Section 236 — Regulations
The Governor in Council may make regulations for the purposes of this Division prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of the employee’s…
Section 237 — Application of section 189
Section 189 applies for the purposes of this Division.
Section 238 — Prohibition
No employer shall dismiss, suspend, lay off, demote or discipline an employee on the ground that garnishment proceedings may be or have been taken with respect to the employee.
Section 238.1 — Entitlement
Subject to subsection (2), an employee is entitled to and the employer shall provide reimbursement of reasonable work-related expenses. An employee is not entitled to be reimbursed for an expense…
Section 238.2 — Regulations
The Governor in Council may make regulations for the purposes of this Division including regulations prescribing factors to consider in determining if an expense is or is not work-related and…
Section 239 — Entitlement to leave
Every employee is entitled to and shall be granted a medical leave of absence from employment of up to 27 weeks as a result of personal illness or injury; organ or tissue donation; medical…
Section 239.01
[Repealed, 2021, c. 26, s. 24]
Section 239.1 — Prohibition
Subject to subsection (4) and to the regulations made under this Division, no employer shall dismiss, suspend, lay off, demote or discipline an employee because of absence from work due to…
Section 239.2 — Employer’s obligation
Every employer that provides benefits to its employees under a long-term disability plan must insure the plan with an entity that is licensed to provide insurance under the laws of a province.…
Section 239.3 — Regulations
The Governor in Council may make regulations respecting long-term disability plans, including regulations specifying what constitutes a long-term disability plan; and specifying the circumstances and…
Section 240 — Complaint
Subject to subsections (2) and 242(3.1), a person who has been dismissed and considers the dismissal to be unjust may make a complaint in writing to the Head if the employee has completed 12…
Section 241 — Reasons for dismissal
If an employer dismisses a person described in subsection 240(1), the person who was dismissed or the Head may make a request in writing to the employer to provide a written statement giving the…
Section 241.1 — Suspension of complaint
If the Board is satisfied that the complainant must take measures before the Board may continue to deal with the complaint referred to it under subsection 241(3), it may, at any time, suspend…
Section 241.2 — Rejection of complaint
The Board may reject a complaint referred to it under subsection 241(3), in whole or in part, if the Board is satisfied that the complaint is not within its jurisdiction, the complaint is frivolous,…
Section 242
[Repealed, 2017, c. 20, s. 354] [Repealed, 2017, c. 20, s. 354] Subject to subsection (3.1), the Board, after a complaint has been referred to it, shall consider whether the dismissal of the person…
Section 243 — Order final
Every order of the Board is final and shall not be questioned or reviewed in any court. No order shall be made, process entered or proceeding taken in any court, whether by way of injunction,…
Section 244 — Enforcement of orders
Any person affected by an order of the Board under subsection 242(4), or the Head on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided…
Section 245 — Regulations
For the purposes of this Division, the Governor in Council may make regulations defining the absences from employment that shall be deemed not to have interrupted continuity of employment;…
Section 246 — Civil remedy
No civil remedy of an employee against his employer is suspended or affected by sections 240 to 245. Section 189 applies for the purposes of this Division.
Section 246.1 — Complaint to Board
Any employee may make a complaint in writing to the Board if they believe that their employer has taken any of the following reprisals against them: the employer has taken action against the employee…
Section 246.2 — Suspension of complaint
If the Board is satisfied that the employee must take measures before the Board may continue to deal with the complaint made under subsection 246.1(1), it may, at any time, suspend consideration of…