References
Canada Labour Code [CLC], c. L-2, last amended 1 January 2010, consolidated version<br/>(Bilingual Eng-Fr version)
Date:
21 Aug 1970;
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»
(view in NATLEX
»)
Canada Labour Standards Regulations [CLSR], c. 986, adopted on January 13, 1972 as last amended by SOR/2009-194 of June 18, 2009
Date:
21 Aug 1970;
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»
(view in NATLEX
»)
Canadian Human Rights Act [CHRA](R.S., 1985, c. H-6), as last amended on 13 March 2012
Date:
21 Aug 1970;
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(view in NATLEX
»)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: managerial / executive positions, other
Non-federally regulated workers are excluded from the scope of application of the Labour Code.
The Labour Code only applies to employees who are employed on or in connection with the operation of any federal work, undertaking or business. These include (sec. 2 CLC):
(a) a work, undertaking or business operated or carried on for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship anywhere in Canada,
(b) a railway, canal, telegraph or other work or undertaking connecting any province with any other province, or extending beyond the limits of a province,
(c) a line of ships connecting a province with any other province, or extending beyond the limits of a province,
(d) a ferry between any province and any other province or between any province and any country other than Canada,
(e) aerodromes, aircraft or a line of air transportation,
(f) a radio broadcasting station,
(g) a bank or an authorized foreign bank
(h) a work or undertaking that, although wholly situated within a province, is before or after its execution declared by Parliament to be for the general advantage of Canada or for the advantage of two or more of the provinces,
(i) a work, undertaking or business outside the exclusive legislative authority of the legislatures of the provinces
(j) a work, undertaking or activity in respect of which federal laws within the meaning of section 2 of the Oceans Act apply pursuant to section 20 of that Act and any regulations made pursuant to paragraph 26(1)(k) of that Act; (entreprises fédérales).
In addition, Part III, Division XIV of the CLC, which regulates "Unjust dismissal complaints", does not apply to employees who are managers (sec. 167 CLC)
Notes / Remarks
It is important to recall that the employment relationship of workers in Canada is primarily governed by provincial statutes enacted by the legislative power of the province in which the work takes place.
However, the federal parliament also has jurisdiction over employment relationships in certain sectors.
For practical reasons, the information provided here only reflects the content of federal legislation and is therefore only relevant to federally regulated businesses and industries and their workers which is approximately only 6 per cent of the total labour force.
FTC regulated: No
Valid reasons for FTC use: no limitation
No statutory limitations.
Maximum number of successive FTCs: no limitation
No statutory limitations.
Maximum cumulative duration of successive FTCs: no limitation
No statutory limitations.
Maximum probationary (trial) period (in months):
no limitationNo statutory limitations.
Obligation to provide reasons to the employee: No
No general obligation on the part of the employer to indicate the reasons for the dismissal to employees when dismissing them.
However, the employer shall provide a written statement indicating the reasons for dismissal upon request by the employee or the inspector in the process of a complaint for unjust dismissal. According to sec. 241. (1) CLC, this only applies to employees described in sec. 240(1). This covers any employee:
(a) who has completed twelve consecutive months of continuous employment by an employer, and
(b) who is not a member of a group of employees subject to a collective agreement.
In addition this provision is subject to the restrictions set up in sec. 242(3.1): complaints of unjust dismissal do not cover lay-off due to lack of work or the discontinuance of a function.
Valid grounds (justified dismissal):
Prohibited grounds: marital status, pregnancy, maternity leave, family responsibilities, filing a complaint against the employer, temporary work injury or illness, race, colour, sex, sexual orientation, religion, trade union membership and activities, disability, whistle blowing, raising occupational health and security concerns, genetic information, ethnic origin
Sec. 94 (3) CLC:
"Prohibitions relating to employers:
No employer or person acting on behalf of an employer shall
(a) refuse to employ or to continue to employ or suspend, transfer, lay off or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment or intimidate, threaten or otherwise discipline any person, because the person
(i) is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of a trade union or participates in the promotion, formation or administration of a trade union,
(ii) has been expelled or suspended from membership in a trade union for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the trade union as a condition of acquiring or retaining membership in the trade union,
(iii) has testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part,
(iv) has made or is about to make a disclosure that the person may be required to make in a proceeding under this Part,
(v) has made an application or filed a complaint under this Part, or
(vi) has participated in a strike that is not prohibited by this Part or exercised any right under this Part;"
In addition, under the CLC, the following situations constitute invalid grounds for the dismissal of an employee:
- the employee has participated in proceeding or inquiry (filing a complaint, testifying) regarding occupational and health and safety matters. (sec. 147 CLC)
- the employee is pregnant or has requested maternity or parental leave (sec. 209.3 CLC);
- garnishment proceedings may be or have been taken against the employee (sec. 238, CLC);
- the employee has been absent due to illness or injury(sec. 239 CLC);
- the employee is absent from work due to work-related illness or injury (sec. 239.1(1) CLC).
In addition, see the general prohibition of discrimination including in employment matters contained in the Canadian Human Rights Act, R.S.C. 1985, c. H-6: see sec. 3 on grounds of discrimination together with art. 7 on discriminatory practice in employment that prohibits an employer from refusing to employ or continuing to employ an individual on a prohibited grounds of discrimination.
See also sec. 14.1 on prohibition of retaliation for filing a complaint of discrimination.
(The prohibited grounds of discrimination are the following: race, national or ethnic origin, colour, religion, age, sex (which includes pregnancy or child-birth), sexual orientation, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered
Note that this Act only applies within the realm of federal jurisdiction; each provincial and territorial government has enacted its own anti-discrimination legislation.
New in 2017: Genetic Non-Discrimination Act (S.C. 2017, c. 3)
Workers enjoying special protection:
No statutory provision found in the legislation reviewed.