SUMMARY TABLE OF CONTENTS

Transcription

1 SUMMARY TABLE OF CONTENTS Commentary Industrial Relations, Part I of the Canada Labour Code Occupational Health And Safety, Part II of the Canada Labour Code Employment Standards, Part III of the Canada Labour Code Appendix 1 Information Circulars: No Legislation Canada Labour Code Canada Labour Standards Regulations Aviation Occupational Health and Safety Regulations Banking Industry Commission Paid Salespeople Hours of Work Regulations Broadcasting Industry Commission Salesmen Hours of Work Regulations Canada Industrial Relations Board Regulations, Canada Industrial Relations Regulations Canada Occupational Health and Safety Regulations Coal Mining Occupational Health and Safety Regulations Coal Mining Safety Commission Regulations East Coast and Great Lakes Shipping Employees Hours of Work Regulations, Maritime Occupational Health and Safety Regulations Motor Vehicle Operators Hours of Work Regulations Oil and Gas Occupational Safety and Health Regulations On Board Trains Occupational Health and Safety Regulations Ontario Hydro Nuclear Facilities Exclusion from Part I of the Canada Labour Code Regulations (Industrial Relations) Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety) Ontario Hydro Nuclear Facilities Exclusion from Part III of the Canada Labour Code Regulations (Labour Standards) vii

2 Summary of Table of Contents Point Lepreau, New Brunswick Nuclear Facility Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-smokers Health Act) Policy Committees, Work Place Committees and Health and Safety Representatives Regulations Railway Running-Trades Employees Hours of Work Regulations Saskatchewan Uranium Mines and Mills Exclusion Regulations Uranium Mines (Ontario) Employment Exclusion Order West Coast Shipping Employees Hours of Work Regulations Index viii

3 DETAILED TABLE OF CONTENTS Introduction Industrial Relations, Part I of the Canada Labour Code The New Canada Labour Code Jurisdiction of the Canada Industrial Relations Board Public Service Labour Relations Introduction to Part I of the Code The Intent of Part I Who is Covered by the Code? Federal Work, Undertaking or Business Determining the Code s Jurisdiction: Function and Core Impairment Tests Derivative Federal Jurisdiction Intra-Provincial or Inter-Provincial Transportation Undertaking A Work or Undertaking for the General Advantage of Canada Crown Corporations Extra-Territorial Operations Canadian Carriers Acquisition of Bargaining Rights Definition of a Trade Union Trade Union Status Union Organizing Access to Employees Determination of Bargaining Unit Exclusions from the Bargaining Unit Geographic Bargaining Certification Process Application Time of Application Employer Response Terms and Conditions Not to be Changed Statutory Freeze Period.. 24 Duty to Certify a Trade Union Representation Vote ix

4 Certification When the Code is Contravened Effect of Certification Just Cause Requirement Application Where Fraud Voluntary Recognition Revocation of Certification Time for Application No Collective Agreement Collective Agreement in Force Application by Employees Successor Unions and Union Mergers Sale of Business Definition of Sale Successor Employer Obligations Impact of Business Acquisition on Bargaining Rights Transfer from Provincial Jurisdiction to Federal Jurisdiction Successive Contracts for Services Single Employer Declaration The Common Control or Direction Test Single Employer Applications in Conjunction with other Applications Collective Bargaining Procedure Notice Duty to Bargain in Good Faith and Not to Change Terms and Conditions of Employment Conciliation Conciliation Officer Conciliation Commissioner or Board Interest Arbitration Mediation Vote On An Employer s Offer Settlement of First Agreement Technological Change Content and Interpretation of Collective Agreement Resolution of Disputes through Arbitration x

5 Union Membership and Dues Deduction Permitted Provisions Binding Effect Minimum Term of Agreement Obligations Relating to Strikes and Lockouts Notice Secret Ballot Strike Vote Maintenance of Activities and Essential Services Reinstatement of Employees After Strike or Lockout Service to Grain Vessels Strikes and Lockouts Prohibited During Term of Collective Agreement No Strike or Lockout Until Certain Requirements Met Limited Right to Strike Between Parliaments Picketing Activities Unlawful Strike or Lockout Unfair Labour Practices Employer Interference Prohibitions Relating to Employers Prohibitions Relating to Trade Unions Replacement Workers Complaint Procedure CIRB Remedies Duty of Fair Representation Duty of Fair Referral Information Collective Agreements to be Filed Trade Union Financial Statements Offences and Punishment Promotion of Industrial Peace Occupational Health and Safety, Part II of the Canada Labour Code Introduction Purpose Methods of Communication xi

6 Special Needs Application Duties of Employers Specific Duties of Employers Training and Education Services Consultation Investigation and Reporting Information in Emergency Duties of Employees Compliance Reporting Limitation of Liability Employment Safety Accidents Internal Responsibility System Complaint to Supervisor Referral to Minister Refusal to Work in Dangerous Situations Compensation Under Other Laws Not Precluded Pregnant and Nursing Employees Reprisal Complaints Policy Health and Safety Committee Purpose Access Meetings of Committee Workplace Health and Safety Committees Exception Exemptions Duties of Committee Access Meetings of Committee Health and Safety Representatives Duties of Representative Exercise of Minister s Powers in Relation to Health and Safety xii

7 Accessory Powers Special Safety Measures Appeals of Decisions and Directions Powers and Duties Appeal of Direction Final Decision Disciplinary Action Offences and Punishment If Death or Injury Defence Providing of Information Powers of the Canada Industrial Relations Board Application of Provincial Laws Regulations Under Part II Occupation Health and Safety Aviation Occupational Safety and Health Regulations Canada Occupational Health and Safety Regulations Violence Prevention Regulations Coal Mines (CBDC) Occupational Safety and Health Regulations Coal Mining Safety Commission Regulations Maritime Occupational Health and Safety Regulations Oil and Gas Occupational Safety and Health Regulations On Board Trains Occupational Safety and Health Regulations Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupaional Health and Safety).. 82 Safety and Health Committees and Representatives Regulations Workplace Hazardous Materials Information System Employment Standards, Part III of the Canada Labour Code Introduction Recent Changes to the Code Hours of Work Averaging of Hours Modified Work Schedules Maximum Hours of Work Excess Hours Permit xiii

8 Emergency Work Overtime Pay Time off in Lieu Minimum Wage Minimum Age Vacations Transfer of Work, Undertaking or Business General Holidays Continuous Operations Maternity and Parental Leave Maternity-Related Reassignment and Leave Maternity Leave Parental Leave Compassionate Care Leave Leave Related to the Critical Illness, Death or Disappearance of a Child Notice Rights While On Leave Bereavement Leave Reservist Leave Group Termination Individual Termination Severance Pay Garnishment Sick Leave Work-Related Illness and Injury Unjust Dismissal Complaint Procedure Interpretation Managerial Exemption Bars to an Unjust Dismissal Complaint Alternative Dispute Resolution: Mediation Adjudication of Unjust Dismissal Complaints Payment of Wages xiv

9 Deductions Sexual Harassment Administration and Inspection Complaints Recovery of Wages Offences and Punishment Appendix 1 Information Circulars No Applications for Certification The Certification Process Simplified Jurisdiction When can an application be filed? About Trade Union Status What is an appropriate bargaining unit? Who is an employee? Determining the Representative Character of the Union Evidence of Membership in a Trade Union Confidentiality of Evidence of Membership Where can an application for certification be filed? What happens next? The Board s Decision Representation Votes Prohibited Conduct Access to Employees Obligation to Bargain Collectively CANADA LABOUR CODE Short Title 1 Short title Interpretation 2 Definitions xv

10 PART I INDUSTRIAL RELATIONS Interpretation 3 Definitions Application 4 Application of Part Crown corporations Canadian carriers Employees of Her Majesty Major Projects 7 Major projects DIVISION I BASIC FREEDOMS 8 Employee freedoms DIVISION II CANADA INDUSTRIAL RELATIONS BOARD Establishment and Organization 9 Establishment of Board Appointment of Chairperson and Vice-Chairpersons Residence of members Full-time occupation Reappointment Functions of Chairperson Meetings Acting Chairperson Remuneration Compensation Inquiries Measures Appointment of inquirer Powers Staff Inquiry in public xvi

11 12.12 Rules of evidence Right to be heard Report to Minister Transmission of report to Governor in Council Head office [Repealed 2014, c. 20, s. 417.] Panels Continuation of proceeding Decision of panel Powers and Duties 15 Regulations General power to assist parties Powers of Board Determination without oral hearing Determination of the wishes of the majority of the employees Review or amendment of orders Review of structure of bargaining units Application of orders Interim orders Interim decision Exercise of powers and duties Review and Enforcement of Orders 22 Orders not to be reviewed by Court Filing of Board s orders in Federal Court Filing of orders in provincial superior court DIVISION III ACQUISITION AND TERMINATION OF BARGAINING RIGHTS Application for Certification 24 Application for certification Exception Where certification prohibited Where certification prohibited xvii

12 Determination of Bargaining Units 27 Determination of appropriate unit Certification of Bargaining Agents and Related Matters 28 Duty to certify trade union Representation vote Conduct of vote Result of representation vote Council of trade unions Designation of employers organization Certification in long-shoring and other industries Board may declare single employer Effect of certification Just cause requirement Duty of fair representation Revocation of Certification and Related Matters 38 Application for revocation of certification Order revoking certification or declaring bargaining agent not entitled to represent bargaining unit Application where fraud Application for revocation of certification of a council of trade unions Effect of revocation or declaration Successor Rights and Obligations 43 Mergers, etc., of trade unions Definitions Review of bargaining units Board to determine questions Where portion as federal business Where notice to bargain collectively given prior to deletion Order xviii

13 Successive Contracts for Services 47.3 Definition of previous contractor DIVISION IV COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS Obligation to Bargain Collectively 48 Notice to bargain to enter into a collective agreement Notice to bargain to renew or revise a collective agreement or enter a new collective agreement Duty to bargain and not to change terms and conditions Technological Change 51 Definition of technological change Notice of technological change Application for order respecting technological change Application for order to serve notice to bargain Conditions precedent to technological change Content and Interpretation of Collective Agreements 56 Effect of collective agreement Provision for final settlement without stoppage of work Decisions not to be reviewed by court Copy to be filed with Minister Powers of arbitrator, etc Procedure Decision of arbitration board Arbitration costs, fees and expenses Order or decision within sixty days Questions may be referred to Board Filing of orders and decisions in Federal Court Term of collective agreement Collective agreement may contain certain provisions Definition of referral xix

14 Compulsory Check-Off 70 Union dues to be deducted DIVISION V CONCILIATION AND FIRST AGREEMENTS Federal Mediation and Conciliation Service 70.1 Federal Mediation and Conciliation Service Conciliation Procedures 71 Notice of dispute Options of Minister Delivery of notice to conciliation officer Delivery of notice Time limits Reconsideration of report Release of report Report binding by agreement Agreement Settlement of First Agreement 80 Minister may refer dispute to Board Establishment of Conciliation Boards 81 Composition Nomination by parties Notification to parties of establishment of board General 84 Powers of board Sittings Proceedings prohibited Report and testimony not evidence DIVISION V.1 OBLIGATIONS RELATING TO STRIKES AND LOCKOUTS 87.1 Definitions Strike notice xx

15 87.3 Secret ballot strike vote Maintenance of activities Rights unaffected Reinstatement of employees after strike or lockout Services to grain vessels DIVISION VI PROHIBITIONS AND ENFORCEMENT Strikes and Lockouts 88 Definitions Strikes and lockouts prohibited during term of collective agreement No strike or lockout until certain requirements met Right to strike or lockout limited during period between Parliaments Declarations Relating to Strikes and Lockouts 91 Employer may apply for declaration that strike unlawful Declaration that lockout unlawful and prohibition of lockout Terms and duration of order Unfair Practices 94 Employer interference in trade union Prohibitions relating to trade unions General prohibition Complaints to the Board Duty and power of the Board Board orders Certification Offences and Punishment 100 Lockout contrary to this part General offences by persons Further offences xxi

16 103 Prosecution of employers organizations, trade unions and councils of trade unions Consent of Board before prosecution DIVISION VII GENERAL Promotion of Industrial Peace Round-table meetings Mediators Inquiries regarding industrial matters Additional powers Industrial Inquiry Commission Vote on Employer s Offer Minister may order vote to be held Access to Employees 109 Application for access order Communication with off-site workers Access to Financial Statements 110 Financial statement of trade union and employers organization Regulations 111 Regulations Delegation Miscellaneous 112 Documents as evidence Late report not invalid Defect in form or irregularity Collective agreement to be filed Remuneration and expenses Persons deemed not to be employed in public service Witness fees and expenses Member of Board, conciliation board, etc., not required to give evidence xxii

17 119.1 No disclosure Arrangements with Provinces 120 Where uniform provincial legislation Annual Reports 121 Annual report of Board Application of Provincial Laws Provincial Crown corporations Exclusion from application Non-application of Statutory Instruments Act Definition of regulation Regulations PART II OCCUPATIONAL HEALTH AND SAFETY Interpretation 122 Definitions Purpose of Part Purpose of Part Preventive measures Methods of Communication Rights of Employees Application 123 Application of Part [Repealed 1996, c. 12, s. 2.] Duties of Employers 124 General duty of employer Specific duties of employer Further specific duties of employer Employer to provide information in emergency Coal mines xxiii

18 Duties of Employees 126 Health and safety matters Employment Safety 127 Interference at accident scene prohibited Internal Complaint Resolution Process Complaint to supervisor Refusal to work if danger Employees on shift during work stoppage Investigation by health and safety officer When collective agreement exists Compensation under other laws not precluded Pregnant and Nursing Employees 132 Cease to perform job Complaints when Action against Employees 133 Complaint to Board Board orders Policy Health and Safety Committees Establishment mandatory Work Place Health and Safety Committees 135 Establishment mandatory Provisions Common to Policy Committees and Work Place Committees Appointment of members Regulations Health and Safety Representatives 136 Appointment of health and safety representative Committees or representatives for certain work places Coal Mining Safety Commission Establishment of Commission Approval of plans, procedures xxiv

19 Administration 138 Special committees Medical surveillance and examination programs Exercise of Minister s Powers in Relation to Health and Safety 140 Delegation Accessory powers Inspections General Matters 142 Duty to assist Obstruction and false statements Provision of information Permission required for access to residence Evidence in civil or administrative proceedings precluded 256 Special Safety Measures 145 Direction to terminate contravention Appeals of Decisions and Directions Appointment Appeal of direction Inquiry Powers Decision final No review by certiorari, etc Wages Disciplinary Action 147 General prohibition re employer Abuse of rights Offences and Punishment 148 General offence Minister s consent required Venue Information xxv

20 152 Injunction proceedings Injunction Imprisonment precluded in certain cases Providing of Information 155 Notice to provide information Powers of the Canada Industrial Relations Board 156 Complaint to Board Fees Fees for services, etc Regulations 157 Regulations Provincial Crown corporations Exclusion from application Application of certain provisions [Repealed R.S.C. 1985, c. 9 (1st Supp.), s. 4.] Part III Standard Hours, Wages, Vacations and Holidays Interpretation 166 Definitions Application 167 Application of Part Saving more favourable benefits DIVISION I HOURS OF WORK 169 Standard hours of work Modified work schedule Maximum hours of work Maximum hours of work Vote Duration Scheduling hours of work xxvi

21 174 Overtime pay Regulations for the purpose of this Division Excess hours under ministerial permit Emergency work DIVISION II MINIMUM WAGES 178 Minimum wage Employees under 17 years of age [Repealed R.S.C. 1985, c. 9 (1st Supp.), s. 6.] Regulations applicable to Division DIVISION III EQUAL WAGES 182 Application of sections DIVISION IV ANNUAL VACATIONS 183 Definitions Annual vacation with pay Granting vacation with pay Vacation pay General holiday during vacation Termination of employment during year Transfer of work, undertaking or business Regulations in relation to annual vacations DIVISION V GENERAL HOLIDAYS 191 Definition of employed in a continuous operation Entitlement to holidays General holiday falling on day off Exemption under collective agreement Substituted holidays Voting, duration Holiday pay Additional pay for holiday work xxvii

22 198 [Repealed 2012, c. 31, s. 221.] Holiday work for managers, etc Holiday pay deemed to be wages Application of section [Repealed 2012, c. 31, s. 222.] [Repealed 2012, c. 31, s. 222.] DIVISION VI MULTI-EMPLOYER EMPLOYMENT 203 Definition of multi-employer employment DIVISION VII REASSIGNMENT, MATERNITY LEAVE, PARENTAL LEAVE AND COMPASSIONATE CARE LEAVE Maternity-related Reassignment and Leave 204 Reassignment and job modification Employer s obligations Entitlement to leave Employee s duty to inform employer Maternity Leave 206 Entitlement to leave Parental Leave Entitlement to leave Aggregate leave maternity and paternal Compassionate Care Leave Definitions Leave Related to Critical Illness Interpretation Leave Related to Death or Disappearance Definitions General 207 Notification to employer xxviii

23 Minimum periods of leave Interruption Notification to employer - interruption of leave Notification to employer - interruption for child s hospitalization Notification to employer of leave Prohibition Application Right to notice of employment opportunities Resumption of employment in same position Right to benefits Effect of leave Status of certificate Prohibition Regulations Application of section DIVISION VIII BEREAVEMENT LEAVE 210 Employee entitled DIVISION IX GROUP TERMINATION OF EMPLOYMENT 211 Definitions Notice of group termination Cooperation with Commission Establishment of joint planning committee Employee representatives Time for appointment Failure to appoint Notice of membership Procedure Wages Object of joint planning committee Supplying of information Application to Minister for arbitrator xxix

24 224 Appointment of arbitrator Applicable provisions Implementation of adjustment program Regulations Waiver of application of Division Application of sections 214 to DIVISION X INDIVIDUAL TERMINATIONS OF EMPLOYMENT 230 Notice or wages in lieu of notice Conditions of employment Expiration of notice Regulations Application of section DIVISION XI SEVERANCE PAY 235 Minimum rate Regulations Application of section DIVISION XII GARNISHMENT 238 Prohibition DIVISION XIII SICK LEAVE 239 Prohibition DIVISION XIII.1 WORK-RELATED ILLNESS AND INJURY Prohibition DIVISION XIII.2 LONG-TERM DISABILITY PLANS Employer s obligation Regulations xxx

25 DIVISION XIV UNJUST DISMISSAL 240 Complaint to inspector for unjust dismissal Reasons for dismissal Reference to adjudicator Decisions not to be reviewed by court Enforcement of orders Regulations Civil remedy DIVISION XV PAYMENT OF WAGES 247 Payment of wages DIVISION XV.1 SEXUAL HARASSMENT Definition of sexual harassment Right of employee Responsibility of employer Policy statement by employer DIVISION XV.2 LEAVE OF ABSENCE FOR MEMBERS OF THE RESERVE FORCE Entitlement to leave Notice to employer Request for proof Return to work postponed Annual vacation Continuous employment benefits Application of section Resumption of employment in same position Not able to perform work Wages or benefits affected by reorganization Prohibition employee Regulations xxxi

26 DIVISION XVI ADMINISTRATION AND GENERAL Inquiries 248 Inquiries Inspections 249 Inspectors Administering oaths Where underpayments found on inspection Complaints Making of Complaint Suspension of Complaint Inspector to Assist Parties Settlement of Amounts Due Rejection of Complaint Recovery of Wages Payment order Request for review Appeal Appointment of referee Order to debtor of employer Deposit of moneys Enforcement of orders Regulations Statutory Instruments Act Civil liability of directors Cooperatives Information and Returns 252 Information and returns Notice to furnish information Pay statement Deductions General rule xxxii

27 Combining Federal Works, Undertakings and Businesses 255 Orders of Minister combining federal works, undertakings and businesses Offences and Punishment 256 Offences and punishment Procedure Order to pay arrears of wages Refusal to comply with order Imprisonment precluded in certain cases Identity of complainants Civil remedy Ministerial Orders 262 Orders [Repealed 1996, c. 11, s. 68.] Regulations 264 Regulations Application of Provincial Laws 265 Provincial Crown corporations Exclusion from application Application of certain provisions CAN. REG. 986 CANADA LABOUR STANDARDS REGULATIONS SHORT TITLE INTERPRETATION EXCLUSION OF PROFESSIONS MODIFIED WORK SCHEDULE xxxiii

28 AVERAGING WEEKLY REST EMPLOYEES UNDER 17 YEARS OF AGE APPRENTICESHIP REPORTING PAY ANNUAL VACATIONS GENERAL HOLIDAYS REGULAR RATE OF WAGES FOR PURPOSES OF GENERAL HOLIDAYS AND BEREAVEMENT LEAVE MULTI-EMPLOYER EMPLOYMENT DETERMINATION OF HOURLY RATE OF WAGES BOARD, LIVING QUARTERS AND OTHER REMUNERATION xxxiv

29 PAYMENT OF WAGES, VACATION OR HOLIDAY PAY OR OTHER REMUNERATION WHEN EMPLOYEE CANNOT BE FOUND KEEPING OF RECORDS NOTICES TO BE POSTED NOTICE OF GROUP TERMINATION INDUSTRIAL ESTABLISHMENT FOR GROUP TERMINATION EXEMPTION FROM GROUP TERMINATION CONTINUITY OF EMPLOYMENT (ANNUAL VACATIONS, MATERNITY AND PARENTAL LEAVE, COMPASSIONATE CARE LEAVE, BEREAVEMENT LEAVE, INDIVIDUAL TERMINATION OF EMPLOYMENT, SEVERANCE PAY, SICK LEAVE AND UNJUST DISMISSAL) LAY-OFFS THAT ARE NOT TERMINATION FOR THE PURPOSES OF SEVERANCE PAY, GROUP OR INDIVIDUAL TERMINATION OF EMPLOYMENT REGULAR HOURS OF WORK (SEVERANCE PAY AND INDIVIDUAL TERMINATION OF EMPLOYMENT) IMMEDIATE FAMILY WORK-RELATED ILLNESS AND INJURY xxxv

30 SCHEDULE I SCHEDULE II NOTICE RELATED TO THE CANADA LABOUR CODE PART III SCHEDULE III NOTICE OF MODIFIED WORK SCHEDULE SCHEDULE IV NOTICE OF AVERAGING OF HOURS OF WORK SCHEDULE V CAN. REG AVIATION OCCUPATIONAL HEALTH AND SAFETY REGULATIONS PART 1 GENERAL Interpretation Application Records and Reports Inconsistent Provisions PART 2 LEVELS OF SOUND Interpretation Measurement and Calculation of Exposure Hazard Investigation Limits of Exposure Reduction of Sound Exposure xxxvi

31 Report to Minister Hearing Protection Warning Signs SCHEDULE [FOR 2.4] MAXIMUM DURATION TO A-WEIGHTED SOUND PRESSURE LEVELS IN THE WORK PLACE PART 3 ELECTRICAL SAFETY Interpretation In-flight Maintenance Safety Procedures PART 4 SANITATION Interpretation General xxxvii

32 Washbasins Potable Water Preparation, Handling, Storage and Serving of Food Food Waste and Garbage Crew Eating Area Reusable Equipment PART 5 HAZARDOUS SUBSTANCES Interpretation Application DIVISION 1 GENERAL Records of Hazardous Substances xxxviii