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Canada Labour Code

Version of section 264 from 2021-01-01 to 2021-09-24:

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations for carrying out the purposes of this Part and, without restricting the generality of the foregoing, may make regulations

    • (a) requiring employers to keep records of wages, vacations, holidays and overtime of employees and of other particulars relevant to the purposes of this Part or any Division thereof;

    • (a.1) requiring employers to keep records relevant to the purposes of this Part in respect of persons who are excluded under subsection 167(1.2) from the application of all or any of this Part;

    • (a.2) respecting the information that an employer must provide to the Head for the purpose of establishing that the performance of activities referred to in subsection 167(1.2) fulfils the requirements of a program referred to in that subsection, and the circumstances in which an employer must provide it;

    • (a.3) specifying the circumstances in which a person who performs activities referred to in subsection 167(1.2) must provide to an employer the information referred to in paragraph (a.2);

    • (a.4) for the purpose of subsection 167(1.2), specifying or describing secondary or post-secondary educational institutions, vocational schools, or equivalent educational institutions outside Canada;

    • (b) designating any branch, section or other division of any federal work, undertaking or business as an industrial establishment for the purposes of this Part or any Division thereof;

    • (b.1) extending the application of this Part, in the manner and to the extent provided for in the regulations, to any class of persons;

    • (c) governing the production and inspection of records required to be kept by employers;

    • (d) for calculating and determining wages received by an employee in respect of his employment, including the monetary value of remuneration other than money and, for the purposes of any provision or provisions of this Part specified in the regulations, the regular rate of wages of employees;

    • (e) for calculating and determining the regular rate of wages, on an hourly basis, of employees who are paid on any basis of time other than hourly or who are not paid solely on a basis of time;

    • (e.1) respecting the calculation and payment of the wages and other amounts to which an employee whose wages are paid on a commission basis, on a salary plus commission basis or on any other basis other than time is entitled to under Divisions V, VII, VIII, X and XI;

    • (f) prescribing the maximum number of hours that may elapse between the commencement and termination of the working day of any employee;

    • (g) [Repealed, 2018, c. 27, s. 505]

    • (h) requiring an employer in any industrial establishment to notify employees, by the publication of such notices, in such manner as may be prescribed, of

      • (i) the provisions of this Part or any regulation or order made under this Part,

      • (ii) the particulars of hours of work, including the hours at which shifts change,

      • (iii) the particulars of rest periods and meal periods, and

      • (iv) other matters related to hours and conditions of work of employees;

    • (i) providing for the payment of any wages of an employee to the Head or to another person in the event that the employee cannot be found or in any other case;

    • (i.1) providing for the application of any provisions of this Part or of the regulations made under this Part to persons and, in relation to those persons, employers who are otherwise excluded under subsection 167(1.2) from the application of this Part and adapting those provisions for the purpose of applying them to those persons and those employers;

    • (j) providing for the establishment of consultative or advisory committees to advise the Minister on any matters arising in relation to the administration of this Part;

    • (j.1) prescribing the circumstances and conditions for the purposes of subsection 251.01(3);

    • (j.2) prescribing the circumstances under which a complaint is not to be rejected under paragraph 251.05(1)(c);

    • (j.3) prescribing the conditions that are to be met before a complaint may be rejected under paragraph 251.05(1)(c);

    • (j.4) prescribing periods for the purposes of subsection 251.05(1.1);

    • (j.5) if the Governor in Council is satisfied that doing so is necessary to reduce the strain on the health care system or any burden on employees, providing that any requirement or condition set out in any of subsections 181.1(2) and 204(2), sections 205.1 and 205.2 and subsections 206(1), 206.3(2), 206.4(2) and (2.1), 207.2(4) and 239(2) respecting a certificate issued by a health care practitioner does not apply, and providing for alternative requirements and conditions; and

    • (k) for any other matter or purpose that under this Part is required or permitted to be prescribed by regulation.

  • Marginal note:Incorporation of documents

    (2) A regulation made under paragraph (1)(a.4) that incorporates by reference, in whole or in part, a document may incorporate the document, regardless of its source, as it exists on a certain date, as amended to a certain date or as amended from time to time.

  • R.S., 1985, c. L-2, s. 264
  • R.S., 1985, c. 9 (1st Supp.), s. 21
  • 2012, c. 31, s. 229
  • 2015, c. 36, s. 92
  • 2017, c. 33, s. 218
  • 2018, c. 27, s. 505
  • 2018, c. 27, s. 613
  • 2020, c. 12, s. 4

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