Canada Labour Code
Sections and provisions with full text and the judgments that cite each one.
Section 246.3 — Rejection of complaint
The Board may reject a complaint made under subsection 246.1(1), in whole or in part, if the Board is satisfied that the complaint is not within its jurisdiction, the complaint is frivolous,…
Section 246.4 — Board orders
If the Board determines that a complaint under subsection 246.1(1) is justified, the Board may, by order, require the employer to cease engaging in or to rescind the reprisal and, if applicable, to…
Section 246.5 — Decisions final
Every decision of the Board made under this Division 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…
Section 246.6 — Enforcement of orders
Any person affected by an order of the Board under section 246.4, 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 in…
Section 246.7
[Repealed, 2017, c. 20, s. 356]
Section 247 — Payment of wages
Except as otherwise provided by or under this Part, an employer shall pay to any employee any wages to which the employee is entitled on the regular pay-day of the employee as established by the…
Section 247.1
[Repealed, 2018, c. 22, s. 16]
Section 247.2
[Repealed, 2018, c. 22, s. 16]
Section 247.3
[Repealed, 2018, c. 22, s. 16]
Section 247.4
[Repealed, 2018, c. 22, s. 16]
Section 247.5 — Entitlement to leave
An employee who is a member of the reserve force and has completed at least three consecutive months of continuous employment with an employer — or a shorter period that is prescribed for a class of…
Section 247.6 — Notice to employer
An employee who takes a leave of absence under this Division shall unless there is a valid reason for not doing so, give at least four weeks’ notice to the employer before the day on which the leave…
Section 247.7 — Request for proof
Subject to subsection (2), if the employer requests proof that a leave of absence is taken under this Division, the employee shall provide the employer with the prescribed document, if any, or with a…
Section 247.8 — Return to work postponed
If the employee does not notify the employer at least four weeks before the day on which the leave that is taken under this Division is to end, the employer may postpone the employee’s return to work…
Section 247.9
[Repealed, 2017, c. 33, s. 211]
Section 247.91 — Continuous employment — benefits
For the purposes of calculating the benefits of an employee who takes a leave of absence under this Division, employment on the employee’s return to work is deemed to be continuous with their…
Section 247.92 — Application of section 189
Section 189 applies for the purposes of this Division.
Section 247.93 — Resumption of employment in same position
At the end of a leave of absence that is taken under this Division, the employer shall reinstate the employee in the position that the employee occupied on the day before the day on which the leave…
Section 247.94 — Not able to perform work
Subject to the regulations, if an employee is not able to perform the functions of the position that they occupy before the leave begins — or those of a comparable position, with the same wages and…
Section 247.95 — Wages or benefits affected by reorganization
If, during a leave of absence that is taken under this Division, the wages or benefits of the group of employees of which an employee is a member are changed as part of a plan to reorganize the…
Section 247.96 — Prohibition — employee
No employer may dismiss, suspend, lay off, demote or discipline an employee because they are a member of the reserve force or intend to take or have taken a leave of absence under this Division or…
Section 247.97 — Regulations
The Governor in Council may make regulations for carrying out the purposes of this Division and, without restricting the generality of the foregoing, may make regulations specifying the absences that…
Section 247.98 — Definitions
The following definitions apply in this Division. disclose includes to authorize disclosure. ( communiquer ) genetic test , in relation to an employee, means a test that analyzes the employee’s DNA,…
Section 247.99 — Complaint
An employee who alleges that an employer has taken action against the employee in contravention of subsection 247.98(4) may make a complaint in writing to the Head. For greater certainty, the fact…
Section 247.991 — 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 247.992 — Regulations
For the purposes of this Division, the Governor in Council may make regulations prescribing circumstances for the purposes of paragraph 247.99(3)(b); prescribing periods for the purposes of…
Section 248 — Inquiries
The Minister may, for any of the purposes of this Part, cause an inquiry to be made into and concerning employment in any industrial establishment; and appoint one or more persons to hold the…
Section 249 — Delegation
Subject to any terms and conditions specified by the Minister, the Head may delegate to any qualified person or class of persons any of the powers the Head is authorized to exercise or any of the…
Section 250 — Administering oaths
The Head may administer all oaths and take and receive all affidavits and statutory declarations required with respect to the Head’s powers set out in subsection 249(2) and certify to the…
Section 251 — Where underpayments found on inspection
If the Head finds that an employer has failed to pay an employee any wages or other amounts to which the employee is entitled under this Part, the Head may determine the difference between the wages…
Section 251.001 — Internal audit order
Subject to the regulations, the Head may, in writing, for the purpose of verifying compliance or preventing non-compliance with this Part, order an employer to, in accordance with the order, conduct…
Section 251.01 — Making of complaint
Any employee may make a complaint in writing to the Head if they believe that the employer has contravened any provision of this Part or of the regulations made under this Part; or any order. A…
Section 251.02 — Suspension of complaint
If the Head is satisfied that the employee must take measures before the Head may continue to deal with the complaint made under section 251.01, the Head may, at any time, suspend consideration of…
Section 251.03 — Assistance — Head
After receipt of a complaint, the Head may assist the parties to the complaint to settle the complaint.
Section 251.04 — Settlement of amounts due
If an employer and an employee who has made a complaint relating to the non-payment of wages or other amounts to which they are entitled under this Part reach a settlement in writing on the wages or…
Section 251.05 — Rejection of complaint
The Head may reject a complaint made under section 251.01, in whole or in part, if the Head is satisfied that the complaint is not within their jurisdiction, that the complaint is frivolous,…
Section 251.06 — Compliance order
If the Head is of the opinion that an employer is contravening or has contravened a provision of this Part, its regulations or any condition of a permit issued under subsection 176(1), the Head may…
Section 251.1 — Payment order
If the Head finds that an employer has not paid an employee wages or other amounts to which the employee is entitled under this Part, the Head may issue a written payment order to the employer, or,…
Section 251.101 — Request for review
An employer to whom a compliance order has been issued or a person who is affected by a payment order, a notice of unfounded complaint or a notice of voluntary compliance may send a written request…
Section 251.11 — Appeal
Subject to subsection (1.1), a person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary…
Section 251.111 — Head informed of appeal
The Board shall inform the Head in writing when an appeal is brought under subsection 251.11(1) and provide the Head with a copy of the request for appeal. In an appeal under this Part, the Head…
Section 251.12 — Board decision
The Board may, in an appeal under this Part, make any order that is necessary to give effect to its decision, including an order to confirm, rescind or vary, in whole or in part, the decision being…
Section 251.13 — Order to debtor of employer
The Head may issue a written order to a person who is or is about to become indebted to an employer to whom a payment order has been issued under subsection 251.1(1), to pay any amount owing to the…
Section 251.131 — Administrative fee
A payment order made to an employer under subsection 251.1(1), and any decision made under subsection 251.101(3) or section 251.12 with respect to that payment order ordering the employer to pay…
Section 251.132 — Return of security
The Head, after a final decision has been made in respect of which security was given, may apply, in whole or in part, the security given under subsection 251.101(2.1) or 251.11(3.1) toward any…
Section 251.14 — Deposit of moneys
If the Head receives moneys under this Division, the Head shall deposit those moneys to the credit of the Receiver General in the account known as the “Labour Standards Suspense Account” or in any…
Section 251.15 — Enforcement of orders
Any person who is affected by a payment order issued under subsection 251.1(1) or confirmed or varied under subsection 251.101(3) or by an order of the Board made under subsection 251.12(1), or the…
Section 251.16 — Regulations
The Governor in Council may make regulations respecting the operation of sections 251.001, 251.1, 251.101 and 251.13 to 251.15.
Section 251.17 — Statutory Instruments Act
The Statutory Instruments Act does not apply in respect of internal audit orders, compliance orders, payment orders, notices of unfounded complaint, notices of voluntary compliance or orders to…
Section 251.18 — Civil liability of directors
Directors of a corporation are jointly and severally liable for wages and other amounts to which an employee is entitled under this Part, to a maximum amount equivalent to six months’ wages, to the…