Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Regulations for the purpose of this Division

• 175 (1) The Governor in Council may make regulations

  • (a) 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 with the operation of any industrial establishment if, in the opinion of the Governor in Council, the application of those sections without modification

    • (i) would be or is unduly prejudicial to the interests of the employees in those classes, or

    • (ii) would be or is seriously detrimental to the operation of the industrial establishment;

  • (b) exempting any class of employees from the application of any provision of this Division if the Governor in Council is satisfied that it cannot reasonably be applied to that class of employees;

  • (b.1) respecting rest periods under section 169.2, including defining the terms “shift” and “work period” for the purposes of that section;

  • (c) providing that section 174 does not apply in circumstances where work practices specified in the regulations are followed that in the opinion of the Governor in Council make the application of that section either unreasonable or inequitable; and

  • (d) providing for the calculation of hours worked by employees of any class who are employed in any industrial establishment or in any class of industrial establishment.

• (2) [Repealed, 2017, c. 33, s. 198]

Marginal note:Excess hours under permit

• 176 (1) 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 permit in writing, authorize hours to be worked by any class of employees set out in the permit in excess of the maximum hours of work specified in or prescribed under section 171, established under section 172 or prescribed by regulations made under section 175.

• Marginal note:Justifying permit

  (2) No permit may be issued under subsection (1) unless the applicant has satisfied the Head

  • (a) that exceptional circumstances exist that justify the working of additional hours;

  • (b) that the employer had posted a notice of the application for the permit, for at least 30 days before its proposed effective date, in places readily accessible to the affected class of employees where they were likely to see it; and

  • (c) that the employer had informed the trade union in writing of the application for the permit, if those employees are represented by a trade union.

• Marginal note:Duration of permit

  (3) A permit under subsection (1) shall be issued for the period specified therein, which shall not be longer than the period during which it is anticipated that the exceptional circumstances that justified the permit will continue.

• Marginal note:Additional hours may be specified

  (4) A permit under subsection (1) may specify either

  • (a) the total of the number of additional hours in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175, or

  • (b) the additional hours that may be worked in any day and in any week during the period of the permit.

• Marginal note:Report

  (5) If a permit has been issued under this section, the employer for whom or on whose behalf the permit was issued shall report in writing to the Head, within 15 days after the expiration of the period specified in the permit or within such time as the Head may fix in the permit, stating the number of employees who worked in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175 and the number of additional hours each of them worked.

Marginal note:Emergency work

• 177 (1) 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 the extent necessary to prevent serious interference with the ordinary working of the industrial establishment affected, in cases of

  • (a) accident to machinery, equipment, plant or persons;

  • (b) urgent and essential work to be done to machinery, equipment or plant; or

  • (c) other unforeseen or unpreventable circumstances.

• Marginal note:Reporting additional work

  (2) Where the maximum hours of work in an industrial establishment have been exceeded under the authority of subsection (1), the employer shall report in writing to the Head, and also to the trade union if the affected employees are subject to a collective agreement, within 15 days after the end of the month in which the maximum was exceeded, stating the nature of the circumstances in which the maximum was exceeded, the number of employees who worked in excess of the maximum and the number of additional hours each of them worked.

DIVISION I.1Flexible Work Arrangements

Marginal note:Right to request

• 177.1 (1) 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:

  • (a) the number of hours that the employee is required to work;

  • (b) the employee’s work schedule;

  • (c) the employee’s location of work; and

  • (d) any terms and conditions that apply to the employee and that are prescribed by regulation.

• Marginal note:Contents of request

  (2) The request shall be made in writing and shall include

  • (a) the employee’s name;

  • (b) the date on which the request is made;

  • (c) a description of the change to the terms and conditions of employment that is requested;

  • (d) the date on which the change would take effect and, if the change is intended to be temporary, the date on which the change would cease to have effect;

  • (e) an explanation of the effect that, in the employee’s opinion, the requested change would have on the employer and the manner in which, in the employee’s opinion, the employer could manage that effect; and

  • (f) any information that may be prescribed by regulation.

• Marginal note:Employer’s decision

  (3) An employer to whom a request is made shall make one of the following decisions:

  • (a) grant the request;

  • (b) offer to grant the request in part or to make an alternative change to the terms and conditions of employment; or

  • (c) refuse the request on one or more of the following grounds:

    • (i) the requested change would result in additional costs that would be a burden on the employer,

    • (ii) the requested change would have a detrimental impact on the quality or quantity of work within the employer’s industrial establishment, on the ability to meet customer demand or on any other aspect of performance within that industrial establishment,

    • (iii) the employer is unable to reorganize work among existing employees or to recruit additional employees in order to manage the requested change,

    • (iv) there would be insufficient work available for the employee if the requested change was granted, and

    • (v) any ground prescribed by regulation.

• Marginal note:Notice of decision

  (4) The employer shall, as soon as possible and not later than 30 days after receiving the request, give written notice to the employee of their decision. The notice in respect of a decision made under paragraph (3)(b) or (c) shall include written reasons for refusing the requested change or for not granting a part of it.

• Marginal note:Power to change terms and conditions

  (5) The employer may, for the purpose of granting a request made by an employee under paragraph (3)(a) or for the purpose of giving effect to a written agreement with the employee following an offer made under paragraph (3)(b), change the employee’s terms and conditions of employment. However, when there is any other provision under this Part or any provision of any regulations made under this Part that authorizes the employer to make a change to those terms and conditions, they shall make the change under that provision.

• Marginal note:Collective agreement

  (6) An employer shall not change, under subsection (5), a term or condition of employment contained in a collective agreement unless the change is agreed to in writing by the employer and the trade union.

• Marginal note:Prohibition

  (7) An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has made a request under subsection (1) or take such a request into account in any decision to promote or train the employee.

• Marginal note:Regulations

  (8) The Governor in Council may make regulations limiting the number of requests that an employee may make in any year and specifying the information that shall be included in a notice under subsection (4) or an agreement referred to in subsection (5).

• Marginal note:For greater certainty

  (9) For greater certainty, nothing in this section limits an employer’s duty to accommodate an employee under any other Act of Parliament.

• Marginal note:Application of section 189

  (10) Section 189 applies for the purposes of this Division.

DIVISION IIMinimum Wage and Age of Employment

Marginal note:Minimum wage

• 178 (1) 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.

• Marginal note:Province of employment

  (2) If the minimum hourly rate that is fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience is higher than the minimum hourly rate fixed under subsection (1), an employer shall pay to each employee a wage at a rate that is

  • (a) if the wages of the employee are paid on an hourly basis, not less than that higher minimum hourly rate; or

  • (b) if the wages of the employee are paid on any basis of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee.

• Marginal note:Wage rate based on age

  (3) For the purposes of paragraph (2)(a), if minimum hourly rates for a province are fixed on the basis of age, the minimum hourly rate for that province is the highest of those rates.

• Marginal note:Minimum on other basis than time

  (4) Where the wages of an employee are computed and paid on a basis other than time or on a combined basis of time and some other basis, the Minister may, by order,

  • (a) fix a standard basis of work to which a minimum wage on a basis other than time may be applied; and

  • (b) fix a minimum rate of wage that in the opinion of the Minister is the equivalent of

    • (i) the minimum rate determined in accordance with subsection (2), if that minimum rate is higher than or equal to the minimum rate determined in accordance with section 178.1, or

    • (ii) the minimum rate determined in accordance with section 178.1, if that minimum rate is higher than the minimum rate determined in accordance with subsection (2).

• Marginal note:Minimum rate fixed by order to be paid

  (5) Except as otherwise provided by or under this Division, the employer shall pay to each employee who is paid on a basis other than time or on a combined basis of time and some other basis a wage at a rate not less than the minimum rate fixed by order under subsection (4).

Marginal note:Minimum wage — rate

• 178.1 (1) Subject to subsection (2), the minimum hourly rate referred to in subsection 178(1) is $15.

• Marginal note:Annual adjustment

  (2) On April 1 of each year after the year in which this section comes into force, the minimum hourly rate is to be adjusted to the rate, rounded up to the nearest $0.05, that is equal to the product of

  • (a) as the case may be,

    • (i) in respect of April 1 of the year after the year in which this section comes into force, $15, or

    • (ii) in respect of April 1 of each subsequent year, the rate that is determined in accordance with this section on April 1 of the preceding year, and

  • (b) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year before that preceding calendar year.

• Marginal note:Consumer Price Index

  (3) For the purposes of subsection (2), a reference to the Consumer Price Index for any calendar year means the average of the all-items Consumer Price Index for Canada, not seasonally adjusted, as published by Statistics Canada under the authority of the Statistics Act, for each month in that year.

• Marginal note:No adjustment

  (4) Despite subsection (2), the minimum hourly rate is not to be adjusted on April 1 of a given year if on that day the rate determined in accordance with that subsection is less than, as the case may be,

  • (a) in respect of April 1 of the year after the year in which this section comes into force, $15; or

  • (b) in respect of April 1 of each subsequent year, the rate that is determined in accordance with this section on April 1 of the preceding year.

Marginal note:Employees under 18 years of age

179 An employer may employ a person under the age of 18 years only

• (a) in an occupation specified by the regulations; and

• (b) subject to the conditions fixed by the regulations for employment in that occupation.

180 [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 6]

Marginal note:Regulations applicable to Division

181 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

• (a) requiring employers to pay employees who report for work at the call of the employer wages for such minimum number of hours as may be prescribed, whether or not the employee is called on to perform any work after so reporting for work;

• (b) fixing the maximum price to be charged for board, whether full or partial, furnished by or on behalf of an employer to an employee, or the maximum deduction to be made therefor from the wages of the employee by the employer;

• (c) fixing the maximum price to be charged for living quarters, either permanent or temporary, furnished by or on behalf of an employer to an employee, whether or not those quarters are self-contained and whether or not the employer retains general possession and custody thereof, or the maximum deduction to be made therefor from the wages of the employee by the employer;

• (d) governing the charges or deductions for furnishing uniforms or other articles of wearing apparel that an employer may require an employee to wear or requiring an employer in any specified circumstances to provide, maintain or launder uniforms or other articles of wearing apparel that the employer may require an employee to wear;

• (e) governing the charges or deductions for furnishing any tools or equipment that an employer may require an employee to use and for the maintenance and repair of any such tools or equipment;

• (f) specifying, for the purposes of section 179, the occupations in which persons under the age of 18 years, or any class of persons under that age, may be employed in an industrial establishment and fixing the conditions of that employment; and

• (g) exempting, on such terms and conditions and for such periods as are considered advisable, any employer from the application of section 178 in respect of any class of employees who are being trained on the job, if the training facilities provided and used by the employer are adequate to provide a training program that will increase the skill or proficiency of an employee.