Canada Labour Code

Marginal note:Complaint to supervisor

• 127.1 (1) An employee who believes on reasonable grounds that there has been a contravention of this Part or that there is likely to be an accident, injury or illness arising out of, linked with or occurring in the course of employment shall, before exercising any other recourse available under this Part, except the rights conferred by subsection (8.1) and sections 128, 129 and 132, make a complaint to the employee’s supervisor.

• Marginal note:Supervisor or designated person

  (1.1) However, in the case of a complaint relating to an occurrence of harassment and violence, the employee may make the complaint to the employee’s supervisor or to the person designated in the employer’s work place harassment and violence prevention policy.

• Marginal note:Oral or written complaint

  (1.2) The complaint may be made orally or in writing.

• Marginal note:Resolve complaint

  (2) The employee and the supervisor or designated person, as the case may be, shall try to resolve the complaint between themselves as soon as possible.

• Marginal note:Investigation of complaint

  (3) The employee or the supervisor may refer an unresolved complaint, other than a complaint relating to an occurrence of harassment and violence, to a chairperson of the work place committee or to the health and safety representative to be investigated jointly

  • (a) by an employee member and an employer member of the work place committee; or

  • (b) by the health and safety representative and a person designated by the employer.

• Marginal note:Notice

  (4) The persons who investigate the complaint shall inform the employee and the employer in writing, in the form and manner prescribed if any is prescribed, of the results of the investigation.

• Marginal note:Recommendations

  (5) The persons who investigate a complaint may make recommendations to the employer with respect to the situation that gave rise to the complaint, whether or not they conclude that the complaint is justified.

• Marginal note:Employer’s duty

  (6) If the persons who investigate the complaint conclude that the complaint is justified, the employer, on being informed of the results of the investigation, shall in writing and without delay inform the persons who investigated the complaint of how and when the employer will resolve the matter, and the employer shall resolve the matter accordingly.

• (7) [Repealed, 2013, c. 40, s. 180]

• Marginal note:Referral to the Head

  (8) The employee or employer may refer a complaint that there has been a contravention of this Part to the Head in the following circumstances:

  • (a) where the employer does not agree with the results of the investigation;

  • (b) where the employer has failed to inform the persons who investigated the complaint of how and when the employer intends to resolve the matter or has failed to take action to resolve the matter;

  • (c) where the persons who investigated the complaint do not agree between themselves as to whether the complaint is justified; or

  • (d) in the case of a complaint relating to an occurrence of harassment and violence, the employee and the supervisor or designated person, as the case may be, failed to resolve the complaint between themselves.

• Marginal note:Complaint to Head

  (8.1) An employee may make a complaint in writing to the Head if they believe that the employer has contravened section 125.4. The complaint must be made not later than six months after the day on which the complainant knew, or in the opinion of the Head ought to have known, of the action or circumstances giving rise to the complaint.

• Marginal note:Investigation

  (9) The Head shall investigate the complaint referred to in subsection (8) or (8.1) unless it relates to an occurrence of harassment and violence and the Head is of the opinion that

  • (a) the complaint has been adequately dealt with according to a procedure provided for under this Act, any other Act of Parliament or a collective agreement; or

  • (b) the matter is otherwise an abuse of process.

• Marginal note:Notice

  (9.‍1) If the Head is of the opinion that the conditions described in paragraph (9)‍(a) or (b) are met, the Head shall inform the employer and the employee in writing, as soon as feasible, that the Head will not investigate.

• Marginal note:Combining investigations — harassment and violence

  (9.2) The Head may combine an investigation into a complaint relating to an occurrence of harassment and violence with an ongoing investigation relating to the same employer and involving substantially the same issues and, in that case, the Head may issue a single decision.

• Marginal note:Duty and power of Head

  (10) On completion of the investigation, the Head

  • (a) may issue directions to an employer or employee under subsection 145(1);

  • (b) may, if in the Head’s opinion it is appropriate, recommend that the employee and employer resolve the matter between themselves; or

  • (c) shall, if the Head concludes that a danger exists as described in subsection 128(1), issue directions under subsection 145(2).

• Marginal note:Interpretation

  (11) For greater certainty, nothing in this section limits the Head’s authority under section 145.

• Marginal note:Former employees

  (12) A former employee may, within the prescribed time, make a complaint under subsection (1) relating to an occurrence of harassment and violence in the work place, in which case this Part applies to the former employee and to the employer as if the former employee were an employee, to the extent necessary to finally dispose of the complaint.

• Marginal note:Extension

  (13) On application by a former employee, the Head may, in the prescribed circumstances, extend the time period referred to in subsection (12).