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Version of document from 2009-06-18 to 2013-12-11:

Canada Labour Standards Regulations

C.R.C., c. 986

CANADA LABOUR CODE

Regulations Respecting Hours of Work, Wages, Annual Vacations, General Holidays, Reassignment, Maternity Leave and Parental Leave, Bereavement Leave, Group and Individual Termination of Employment and Severance Pay, Work-Related Illness and Injury in Federal Works, Undertakings and Businesses

Short Title

 These Regulations may be cited as the Canada Labour Standards Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

    Act means Part III of the Canada Labour Code; (Loi)

    Director

    Director[Repealed, SOR/94-668, s. 2]

    post

    post means, in respect of a document, to post in readily accessible places where the document is likely to be seen by the employees to whom it applies, and to keep the document posted for the period during which it applies. (afficher)

  • (2) Where, under these Regulations, any notice, application or other document is required or authorized to be filed with or sent to the regional director, it shall be filed with or sent to the regional director whose office is located at the city nearest to the place where the employee concerned resides.

  • SOR/91-461, s. 2
  • SOR/94-668, s. 2

Exclusion of Professions

 Division I of the Act does not apply to members of the architectural, dental, engineering, legal or medical professions.

  • SOR/78-560, s. 1
  • SOR/91-461, s. 3(F)

Modified Work Schedule

 A notice that is required by subsection 170(3) or 172(3) of the Act to be posted before a work schedule takes effect shall contain the information set out in Schedule III.

  • SOR/78-560, s. 2
  • SOR/91-461, s. 4
  • SOR/94-668, s. 3
  •  (1) Where, in accordance with subsection 170(1) or 172(1) of the Act, the parties to a collective agreement have agreed in writing to a modified work schedule, the written agreement shall be dated and contain the information set out in Schedule III.

  • (2) Where, in accordance with subsection 170(2) or 172(2) of the Act, at least 70 per cent of the employees affected by the establishment or modification of a work schedule have approved that work schedule, the employer shall post a notice of the new work schedule containing the information set out in Schedule III.

  • SOR/91-461, s. 5
  • SOR/94-668, s. 3

Averaging

  •  (1) Where the nature of the work in an industrial establishment necessitates that the hours of work of certain employees be irregularly distributed with the result that those employees

    • (a) have no regularly scheduled daily or weekly hours of work, or

    • (b) have regularly scheduled hours of work that vary in number from time to time,

    the hours of work of each of those employees in a day and in a week may be calculated as an average over an averaging period of two or more consecutive weeks.

  • (2) The averaging period referred to in subsection (1) may be changed in accordance with these Regulations, but shall not exceed the number of weeks necessary to cover the period in which fluctuations in the hours of work of the employees take place.

  • (3) Before averaging hours of work under subsection (1) or changing the number of weeks in the averaging period, the employer shall, at least 30 days before the date on which the averaging or the change takes effect,

    • (a) post a notice of intention to average hours of work or change the number of weeks in the averaging period, containing the information set out in Schedule IV; and

    • (b) provide a copy of the notice to the regional director and every trade union representing any affected employees who are subject to a collective agreement.

  • (4) Where averaging of hours of work is in effect, the employer shall post a notice containing the information set out in Schedule IV.

  • (5) Where the parties to a collective agreement have agreed in writing to average the hours of work of employees or to change the averaging period and the written agreement is dated and contains the information set out in Schedule IV, the employer need not satisfy the requirements of subsections (3) and (4).

  • (6) Where the hours of work of employees are calculated as an average pursuant to subsection (1),

    • (a) the standard hours of work of an employee shall be 40 times the number of weeks in the averaging period;

    • (b) the maximum hours of work of an employee shall not exceed 48 times the number of weeks in the averaging period; and

    • (c) the overtime rate established pursuant to section 174 of the Act shall be paid for all hours worked in excess of the standard hours of work referred to in paragraph (a), excluding those hours for which a rate at least one and one-half times the regular rate of wages has been paid prior to the end of the averaging period.

  • (7) Subject to subsection (8), the standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall be reduced by eight hours for every day during the averaging period that, for an employee, is a day

    • (a) of bereavement leave with pay;

    • (b) of annual vacation with pay;

    • (c) of leave of absence with pay under subsection 205(2) of the Act;

    • (d) of general or other holiday with pay; or

    • (e) that is normally a working day in respect of which the employee is not entitled to regular wages.

  • (8) The standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall not be reduced by more than 40 hours for any week that, for an employee, is a week

    • (a) of annual vacation with pay;

    • (b) of leave of absence with pay under subsection 205(2) of the Act; or

    • (c) that is normally a working week in respect of which the employee is not entitled to regular wages.

  • (9) The standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall be reduced by 40 hours for every period of seven consecutive days, in the averaging period, during which an employee is not entitled to regular wages.

  • (10) Where an employee whose hours of work are averaged pursuant to subsection (1) terminates the employee’s employment during the averaging period, the employer shall pay the employee’s regular rate of wages for the actual hours worked during the completed part of the averaging period.

  • (11) Where, during the averaging period, an employer lays off or terminates the employment of an employee whose hours of work are averaged pursuant to subsection (1), the employer shall pay the employee at the overtime rate of wages established under section 174 of the Act for any hours worked, but not previously paid, in excess of 40 times the number of weeks in the completed part of the averaging period.

  • (12) An employer who has adopted an averaging period under subsection (1) shall not alter the number of weeks in the averaging period or cease to calculate the average hours of work of employees unless the employer has, at least 30 days before making either change,

    • (a) posted a notice of the change; and

    • (b) provided a copy of the notice to the regional director and every trade union representing any affected employees who are subject to a collective agreement.

  • (13) Where, before the end of an averaging period, an employer alters the number of weeks in the averaging period applicable to employees or ceases to calculate the average hours of work of employees, the employer shall pay those employees, at the overtime rate established pursuant to section 174 of the Act, for any hours worked in excess of 40 times the number of weeks in the completed part of the averaging period.

  • SOR/91-461, s. 6
  • SOR/94-668, s. 3
  • SOR/2002-113, s. 1(F)

 Notwithstanding the requirements of these Regulations, section 174 of the Act does not apply in circumstances where there is an established work practice that

  • (a) requires or permits an employee to work in excess of standard hours for the purposes of changing shifts;

  • (b) permits an employee to exercise seniority rights to work in excess of standard hours pursuant to a collective agreement; or

  • (c) permits an employee to work in excess of standard hours as the result of his exchanging a shift with another employee.

  • SOR/91-461, s. 7

Weekly Rest

  •  (1) Where hours to be worked in excess of maximum hours of work established by or under section 171 of the Act are agreed to in writing under section 172 of the Act, the work schedule shall include no fewer days of rest than the number of weeks in the work schedule.

  • (2) Where hours to be worked in excess of maximum hours of work established by or under section 171 of the Act are authorized under section 176 of the Act, the Minister may specify in a permit referred to in section 176 of the Act that the hours of work in a week need not be scheduled as required by section 173 of the Act during the period of the permit and, having regard to the conditions of employment in the industrial establishment and the welfare of the employees, may prescribe in the permit alternative days of rest to be observed.

  • SOR/91-461, s. 8
  • SOR/94-668, s. 4

 During an averaging period, hours of work may be scheduled and actually worked without regard to section 173 of the Act.

  • SOR/91-461, s. 8

Employees Under 17 Years of Age

[
  • SOR/91-461, s. 9
]
  •  (1) An employer may employ a person under the age of 17 years in any office or plant, in any transportation, communication, maintenance or repair service, or in any construction work or other employment in a federal work, undertaking or business if

    • (a) he is not required, under the law of the province in which he is ordinarily resident, to be in attendance at school; and

    • (b) the work in which he is to be employed

      • (i) is not carried on underground in a mine,

      • (ii) would not cause him to be employed in or enter a place that he is prohibited from entering under the Explosives Regulations,

      • (iii) is not work as a nuclear energy worker as defined in the Nuclear Safety and Control Act,

      • (iv) is not work under the Canada Shipping Act that he is prohibited by reason of age from doing, or

      • (v) is not likely to be injurious to his health or to endanger his safety.

  • (2) An employer may not cause or permit an employee under the age of 17 years to work between 11 p.m. on one day and 6 a.m. on the following day.

  • (3) [Repealed, SOR/99-337, s. 1]

  • (4) [Repealed, SOR/91-461, s. 10]

  • SOR/80-687, s. 1
  • SOR/81-284, s. 1
  • SOR/86-477, s. 1
  • SOR/91-461, s. 10
  • SOR/96-167, s. 1
  • SOR/99-337, s. 1
  • SOR/2002-113, s. 2

Apprenticeship

 An employer is exempted from the application of section 178 of the Act in respect of any of the employer’s employees who are being trained on the job if those employees are apprentices registered under a provincial apprenticeship Act and are being paid in accordance with a schedule of rates established under such an Act.

  • SOR/91-461, s. 11
  • SOR/2002-113, s. 3

Reporting Pay

 An employer shall pay an employee who reports for work at the call of the employer wages for not less than three hours of work at the employee’s regular rate of wages, whether or not the employee is called on to perform any work after so reporting for work.

  • SOR/91-461, s. 12

Annual Vacations

 An employer shall, at least 30 days prior to determining a year of employment under paragraph (b) of the definition year of employment in section 183 of the Act, notify in writing the affected employees of

  • (a) the dates of commencement and expiry of the year of employment; and

  • (b) the method of calculating the length of vacation and the vacation pay for a period of employment of less than 12 consecutive months.

  • SOR/94-668, s. 5
  •  (1) Where an employer has determined a year of employment under paragraph (b) of the definition year of employment in section 183 of the Act, the employer shall, within ten months after the commencement date or after each subsequent anniversary date, as the case may be, of the determined year of employment, grant a vacation with vacation pay to each employee who has completed less than 12 months of continuous employment at that date.

  • (2) The vacation granted to an employee pursuant to subsection (1) shall be the number of weeks of the employee’s vacation entitlement under section 184 of the Act divided by 12 and multiplied by the number of completed months of employment from and including

    • (a) the date employment began, for an employee who became an employee after the commencement date of the year of employment referred to in subsection (1); or

    • (b) the commencement date of the year of employment previously in effect, for all other employees.

  • (3) Where an employee is entitled to an annual vacation and there is no agreement between the employer and employee concerning when the vacation may be taken, the employer shall give the employee at least two weeks notice of the commencement of the employee’s annual vacation.

  • (4) An employer shall pay vacation pay to an employee who is entitled to an annual vacation with vacation pay

    • (a) within the 14 days before the beginning of the vacation; or

    • (b) on the regular pay day during or immediately following the vacation where it is not practicable to comply with paragraph (a) or where it is an established practice in the industrial establishment in which the employee is employed to pay vacation pay on the regular pay day during or immediately following the vacation.

  • SOR/94-668, s. 5
  • SOR/2002-113, s. 4(E)
  •  (1) An employee may, by written agreement with the employer, postpone or waive the employee’s entitlement to an annual vacation for a specified year of employment.

  • (2) Where an employee waives an annual vacation in accordance with subsection (1), the employer shall pay the vacation pay to the employee within 10 months after the end of the specified year of employment.

  • SOR/91-461, s. 13
  • SOR/94-668, s. 5

General Holidays

  •  (1) A notice of substitution of a general holiday required to be posted pursuant to subsection 195(3) of the Act shall contain

    • (a) the name of the employer;

    • (b) an identification of the affected employees;

    • (c) the address or location of the workplace;

    • (d) the dates of the general holiday and the substituted holiday;

    • (e) the dates the substitution comes into effect and expires;

    • (f) the date of posting; and

    • (g) a statement that at least 70 per cent of the affected employees must agree to the substitution of the general holiday for the substitution to come into effect.

  • (2) The notice referred to in subsection (1) shall remain posted for the duration of the substitution.

  • SOR/91-461, s. 14
  • SOR/94-668, s. 5

 Where, in accordance with subsection 195(1) of the Act, any other holiday is substituted for a general holiday in a written agreement between the parties to a collective agreement, the written agreement shall contain the information set out in paragraphs 15(1)(a) to (e).

  • SOR/94-668, s. 5

Regular Rate of Wages for Purposes of General Holidays and Bereavement Leave

 For the purposes of subsections 196(2) and (3) and 210(2) of the Act, the regular rate of wages of an employee whose hours of work differ from day to day or who is paid on a basis other than time shall be

  • (a) the average of the employee’s daily earnings exclusive of overtime for the 20 days the employee has worked immediately preceding a general holiday or the first day of bereavement leave; or

  • (b) an amount calculated by a method agreed on under or pursuant to a collective agreement that is binding on the employer and the employee.

  • SOR/79-309, s. 1
  • SOR/91-461, s. 15

 For the purposes of section 197 and paragraph 198(a) of the Act, where the hours of work of an employee whose wages are calculated on a daily or hourly basis differ from day to day, or where the employee’s wages are calculated on a basis other than time, the regular rate of wages for a holiday shall be

  • (a) the average of his daily earnings exclusive of overtime for the 20 days he has worked immediately preceding the holiday; or

  • (b) an amount calculated by a method agreed upon under or pursuant to a collective agreement that is binding on the employer and the employee.

  • SOR/79-309, s. 2
  • SOR/91-461, s. 16

Multi-employer Employment

[
  • SOR/91-461, s. 17
]
  •  (1) In this section,

    basic rate of wages

    basic rate of wages means the basic hourly wage rate of an employee excluding any premium or bonus rates paid under any specific conditions of his employment; (taux de salaire de base)

    employee

    employee means an employee engaged in multi-employer employment; (employé)

    employer

    employer means the employer of an employee; (employeur)

    longshoring employment

    longshoring employment means employment in the loading or unloading of ship’s cargo and in operations related to the loading or unloading of ship’s cargo; (emploi au débardage)

    multi-employer employment

    multi-employer employment means longshoring employment in any port in Canada where by custom the employee engaged in such employment would in the usual course of a working month be ordinarily employed by more than one employer; (travail au service de plusieurs employeurs)

    multi-employer unit

    multi-employer unit means an association of employers designated by the Minister as a multi-employer unit. (groupe de plusieurs employeurs)

  • (2) When an employee of an employer who is a member of a multi-employer unit is entitled to wages for multi-employer employment for at least 15 days or 120 hours of work in the 30 calendar days immediately preceding a general holiday, the employee is entitled to and shall be paid by the multi-employer unit an amount of not less than eight times his basic hourly wage rate for such employment.

  • (3) Where an employee is employed by an employer who is not a member of a multi-employer unit, the employee is entitled to and shall be paid, on each pay day, in lieu of general holidays, an amount equal to three and one-half per cent of his basic rate of wages multiplied by the number of hours worked by the employee for that employer in the pay period for which he is paid on that pay day.

  • (4) In addition to any amounts that an employee is entitled to under subsections (2) and (3), an employee who is required by an employer to work on a general holiday shall be paid at a rate of not less than one and one-half times his basic rate of wages for the time worked by him on that day.

  • (5) The Minister may by order designate an association of employers as a multi-employer unit for any port or ports if

    • (a) the association has set up and administers a central pay office to record the employment of the employees of the employers who are members of the association and to pay wages to such employees on behalf of their employers; and

    • (b) the Minister is satisfied that the central pay office so set up by the association of employers is authorized to collect from each of the members of the association and pay out on their behalf to their employees the pay required to be paid to those employees pursuant to this section.

  • (6) For the purposes of section 206, subsections 210(2), 230(1) and 235(1), paragraphs 239(1)(a) and 240(1)(a) and section 247.5 of the Act, if an employee is engaged in multi-employer employment, that employee is deemed to be continuously employed.

  • SOR/78-560, s. 3
  • SOR/81-473, s. 1
  • SOR/91-461, s. 18
  • SOR/2002-113, s. 5
  • SOR/2009-194, s. 1

Determination of Hourly Rate of Wages

  •  (1) Subject to subsections (2) and (3), for the purposes of calculating and determining the regular hourly rate of wages of employees who are paid on any basis of time other than hourly, an employer shall divide the wages paid for work performed by the number of hours required to perform the work.

  • (2) The regular hourly rate of wages for the purposes of sections 174, 197, 198 and 202 of the Act may be the rate agreed on under or pursuant to a collective agreement that is binding on the employer and the employee.

  • (3) For the purposes of subsection (1),

    • (a) the wages paid for work performed do not include vacation pay, general holiday pay, other holiday pay, bereavement leave pay and wages paid for any hours of overtime; and

    • (b) the number of hours required to perform the work does not include hours for which an overtime rate of wages has been paid.

  • SOR/79-309, s. 3
  • SOR/91-461, s. 19

Board, Living Quarters and other Remuneration

 Where board or living quarters or both are furnished by or on behalf of an employer to an employee and the arrangement is accepted by the employee, the amount by which the wages of the employee may be reduced, for any pay period, below the minimum hourly wage established under section 178 of the Act either by deduction from wages or by payment from the employee to the employer for such board or living quarters, shall not exceed

  • (a) for board, $0.50 for each meal; and

  • (b) for living quarters, $0.60 per day.

  • SOR/91-461, s. 19
  • SOR/94-668, s. 6

 For the purposes of calculating and determining wages, the monetary value of any board, lodging or any remuneration other than money received by an employee in respect of his employment shall be of the amount that has been agreed upon between the employer and the employee, or where there is no such agreement or the amount agreed upon unduly affects the wages of the employee, the amount as may be determined by the Minister.

Payment of Wages, Vacation or Holiday Pay or other Remuneration when Employee Cannot Be Found

  •  (1) Where an employer is required to pay wages to an employee or an employee is entitled to payment of wages by the employer and the employee cannot be found for the purposes of making such payment, the employer shall, not later than six months after the wages became due and payable, pay the wages to the Minister and such payment shall be deemed to be payment to the employee.

  • (1.1) Prior to paying the wages to the Minister under subsection (1), the employer shall, not later than two months after the wages become due and payable, by written notice delivered personally or sent by registered mail to the employee’s last known address, inform the employee of the wages to which the employee is entitled.

  • (2) The Minister shall deposit any amounts received under subsection (1) to the credit of the Receiver General in an account to be known as the “Labour Standards Suspense Account”, and the Minister may authorize payments out of the Account to any employee whose wages are held therein.

  • (3) The Minister shall keep a record of receipts and disbursements from the Labour Standards Suspense Account.

  • SOR/91-461, s. 20

Keeping of Records

  •  (1) Every employer shall make and keep a record in respect of each employee showing the date of commencement of employment and the date of termination of employment and shall keep such record for a period of at least 36 months after the date of termination of employment.

  • (2) Every employer shall keep, for at least three years after work is performed by an employee, the following information:

    • (a) the full name, address, Social Insurance Number, occupational classification and sex of the employee, and where the employee is under the age of 17 years, the age of the employee;

    • (b) the rate of wages, clearly indicating whether it is on an hourly, weekly, monthly or other basis, and the date and particulars of any change in the rate;

    • (c) where the rate of wages is on a basis other than time or on a combined basis of time and some other basis, a clear indication of the method of computation of that basis;

    • (d) the hours worked each day, except where the employee is

      • (i) excluded from the application of Division I of the Act by or under subsection 167(2) of the Act, or

      • (ii) exempt from the application of sections 169 and 171 of the Act pursuant to regulations made under paragraph 175(1)(b) of the Act;

    • (e) the actual earnings, indicating the amounts paid each pay day, with a recording of amounts paid for overtime, vacation pay, general holiday pay, bereavement leave pay, termination pay and severance pay;

    • (f) the payments made each pay day after deductions, with clear details of the deductions made;

    • (g) the dates of commencement and termination of annual vacations, and the year of employment in respect of which each such vacation is given;

    • (g.1) any written agreement between the employer and the employee to postpone or waive the employee’s entitlement to annual vacation pursuant to subsection 14(1);

    • (g.2) where the employer determines a year of employment pursuant to paragraph (b) of the definition “year of employment” in section 183 of the Act, any notice provided to employees pursuant to section 12;

    • (h) the dates of commencement and termination of any leave granted to the employee under Division VII of the Act, a copy of any notice concerning the leave and any medical certificate submitted by the employee in respect of that leave;

    • (h.1) the dates of commencement and termination of any job modification or reassignment of the employee provided pursuant to Division VII of the Act and a copy of any notice provided by the employer concerning the job modification or reassignment;

    • (i) any general holiday or other holiday with pay granted to the employee pursuant to Division V of the Act, any notice of substitution of a general holiday required to be posted pursuant to section 195 of the Act, and, in respect of employees not subject to a collective agreement, proof of agreement for the substitution of a general holiday by at least 70 per cent of affected employees;

    • (j) where hours of work are averaged pursuant to section 6, any notice concerning the averaging of hours of work, details of any reductions in the standard and maximum hours of work made pursuant to subsections 6(7), (8) and (9), and the number of hours for which the employee was entitled to be paid at the overtime rate of wages established by section 174 of the Act;

    • (k) the employer’s pay periods;

    • (l) a copy of any medical certificate provided in respect of sick leave and any request made for the certificate by the employer in accordance with paragraph 239(1)(c) of the Act, and any notice of termination of employment or intention to terminate employment given in accordance with Division IX or X of the Act;

    • (m) the dates of any bereavement leave granted to an employee pursuant to Division VIII of the Act;

    • (n) any notice of a work schedule that is required to be posted by subsection 170(3) or 172(3) of the Act, and proof of agreement to the work schedule by at least 70 per cent of the affected employees; and

    • (o) with respect to leave granted under Division XV.2 of the Act to an employee who is a member of the reserve force,

      • (i) the dates of commencement and termination of the leave and a copy of any notice concerning the leave,

      • (ii) a copy of any medical certificate submitted by the employee in respect of that leave,

      • (iii) a copy of any document provided under section 247.7 of the Act, and

      • (iv) a copy of any notice issued under subsection 247.8(1) or 247.95(2) of the Act.

  • (3) Any method of reporting absences from employment or overtime hours of work that discloses the particulars required by subsection (2), including regular daily hours of work, shall be a sufficient record for the purposes of these Regulations.

  • (4) Every employer shall keep for a period of at least three years after the expiration of the employer’s obligation under subsection 239.1(3) of the Act, the following information:

    • (a) detailed reasons for an employee’s absence due to work-related illness or injury;

    • (b) a copy of any certificate of a qualified medical practitioner indicating that the employee is fit to return to work; and

    • (c) the date the employee returned to work, or a copy of any notification from the employer to the employee and any trade union representing the employee that return to work was not reasonably practicable and the reasons why it was not.

  • (5) An employer shall preserve the confidentiality of any certificate of a qualified medical practitioner provided to the employer concerning an employee.

  • SOR/78-560, s. 4
  • SOR/91-461, s. 21
  • SOR/94-668, s. 7
  • SOR/2009-194, s. 2

Notices to Be Posted

  •  (1) Where a permit is granted by the Minister under section 176 of the Act, the employer shall post copies of the permit.

  • (2) Every employer shall post notices containing the information set out in Schedule II.

  • (3) Every employer shall post copies of the policy statement referred to in section 247.4 of the Act.

  • SOR/91-461, s. 22
  • SOR/94-668, s. 8

Notice of Group Termination

[
  • SOR/91-461, s. 23
]

 A notice of termination given pursuant to subsection 212(1) of the Act shall, in addition to the information required by paragraphs 212(3)(a) and (b) of the Act, set out

  • (a) the name of the employer;

  • (b) the location at which the termination is to take place;

  • (c) the nature of the industry of the employer;

  • (d) the name of any trade union certified to represent any employee in the group of employees whose employment is to be terminated or recognized by the employer as bargaining agent for any such employees; and

  • (e) the reason for the termination of employment.

  • SOR/91-461, s. 24

Industrial Establishment for Group Termination

[
  • SOR/91-461, s. 25(F)
]

 For the purposes of Division IX of the Act, the following are designated as industrial establishments:

  • (a) all branches, sections and other divisions of federal works, undertakings and businesses that are located in a region established pursuant to paragraph 54(w) of the Employment Insurance Act; and

  • (b) all branches, sections and other divisions listed in Schedule I.

  • SOR/79-309, s. 4
  • SOR/86-628, s. 1
  • SOR/91-461, s. 26
  • SOR/2002-113, s. 6

Exemption from Group Termination

[
  • SOR/91-461, s. 27(F)
]

 Every employer shall be exempt from the application of Division IX of the Act in respect of the termination of employment of

  • (a) employees employed on a seasonal basis; or

  • (b) employees employed on an irregular basis under an arrangement whereby the employee may elect to work or not to work when requested to do so.

  • SOR/91-461, s. 28

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)

[
  • SOR/94-668, s. 9
  • SOR/2002-113, s. 7
  • SOR/2006-231, s. 1
]

 For the purposes of Divisions IV, VII, VIII, X, XI, XIII, XIV and XV.2 of the Act, the absence of an employee from employment is deemed not to have interrupted continuity of employment if

  • (a) the employee is absent from employment as a result of a lay-off that is not a termination under these Regulations; or

  • (b) the employer permits or condones the employee’s absence from employment.

  • SOR/91-461, s. 29
  • SOR/2009-194, s. 3

Lay-offs that Are Not Termination for the Purposes of Severance Pay, Group or Individual Termination of Employment

[
  • SOR/91-461, s. 30(F)
]
  •  (1) For the purposes of Divisions IX, X and XI of the Act and subject to subsection (2), a lay-off of an employee shall not be deemed to be a termination of the employee’s employment by his employer where

    • (a) the lay-off is a result of a strike or lockout;

    • (b) the term of the lay-off is 12 months or less and the lay-off is mandatory pursuant to a minimum work guarantee in a collective agreement;

    • (c) the term of the lay-off is three months or less;

    • (d) the term of the lay-off is more than three months and the employer

      • (i) notifies the employee in writing at or before the time of the lay-off that he will be recalled to work on a fixed date or within a fixed period neither of which shall be more than six months from the date of the lay-off, and

      • (ii) recalls the employee to his employment in accordance with subparagraph (i);

    • (e) the term of the lay-off is more than three months and

      • (i) the employee continues during the term of the lay-off to receive payments from his employer in an amount agreed on by the employee and his employer,

      • (ii) the employer continues to make payments for the benefit of the employee to a pension plan that is registered pursuant to the Pension Benefits Standards Act or under a group or employee insurance plan,

      • (iii) the employee receives supplementary unemployment benefits, or

      • (iv) the employee would be entitled to supplementary unemployment benefits but is disqualified from receiving them pursuant to the Employment Insurance Act; or

    • (f) the term of the lay-off is more than three months but not more than 12 months and the employee, throughout the term of the lay-off, maintains recall rights pursuant to a collective agreement.

  • (2) In determining the term of a lay-off for the purposes of paragraphs (1)(c), (d) and (f), any period of re-employment of less than two weeks duration shall not be included.

  • SOR/82-747, s. 1
  • SOR/86-628, s. 2(F)
  • SOR/91-461, s. 31
  • SOR/2006-231, s. 2

Regular Hours of Work (Severance Pay and Individual Termination of Employment)

[
  • SOR/91-461, s. 32(F)
]
  •  (1) For the purposes of Division X of the Act, the regular hours of work in a week of an employee whose hours of work are not averaged are the actual hours worked by the employee, exclusive of overtime hours, in the four complete weeks prior to termination of employment, divided by four.

  • (2) For the purposes of Division XI of the Act, the regular hours of work in a day of an employee whose hours of work are not averaged are the actual hours worked by the employee, exclusive of overtime hours, in the four complete weeks prior to termination of employment, divided by 20.

  • (3) For the purposes of subsections (1) and (2), a complete week is one in which

    • (a) no general holiday occurs;

    • (b) no annual vacation is taken by the employee; and

    • (c) the employee was not absent from work for any other reason.

  • SOR/79-309, s. 5
  • SOR/91-461, s. 33
  •  (1) For the purposes of Division X of the Act, the regular hours of work in a week for an employee whose hours of work are averaged is 40 hours.

  • (2) For the purposes of Division XI of the Act, the regular hours of work in a day for an employee whose hours of work are averaged is eight hours.

  • SOR/79-309, s. 6
  • SOR/86-628, s. 3(E)
  • SOR/91-461, s. 34
  • SOR/94-668, s. 10

Immediate Family

  •  (1) For the purpose of subsection 210(1) of the Act, immediate family means, in respect of an employee,

    • (a) the employee’s spouse or common-law partner;

    • (b) the employee’s father and mother and the spouse or common-law partner of the father or mother;

    • (c) the employee’s children and the children of the employee’s spouse or common-law partner;

    • (d) the employee’s grandchildren;

    • (e) the employee’s brothers and sisters;

    • (f) the grandfather and grandmother of the employee;

    • (g) the father and mother of the spouse or common-law partner of the employee and the spouse or common-law partner of the father or mother; and

    • (h) any relative of the employee who resides permanently with the employee or with whom the employee permanently resides.

  • (2) In this section, common-law partner means a person who has been cohabiting with an individual in a conjugal relationship for at least one year, or who had been so cohabiting with the individual for at least one year immediately before the individual’s death.

  • SOR/78-560, s. 5
  • SOR/91-461, s. 35
  • SOR/2001-149, s. 1
  • SOR/2002-113, s. 8(E)

Work-related Illness and Injury

  •  (1) The employer’s obligation under subsection 239.1(3) of the Act begins on the date that, according to a certificate from the qualified medical practitioner authorized by the plan the employer subscribes to under subsection 239.1(2) of the Act, the employee is fit to return to work with or without qualifications, and ends 18 months after that date.

  • (2) Where, within nine months after an employee’s return to work in accordance with subsection 239.1(3) of the Act, an employer lays off or terminates the employment of that employee or discontinues a function of that employee, the employer shall demonstrate to an inspector that the layoff, termination of employment or discontinuance of function was not because of the absence of the employee from work due to work-related illness or injury.

  • (3) Where the employer cannot return an employee to work within 21 days after the date of receipt of the certificate referred to in subsection (1), the employer shall, within those 21 days, notify in writing the employee and, where the employee is subject to a collective agreement, the trade union representing the employee, whether return to work is reasonably practicable and, if not, the reasons therefor.

  • SOR/94-668, s. 11

SCHEDULE I(Section 27)

PART ICanadian Pacific Limited

Industrial Establishments

  • 1 
    Corporate Offices
    • Gulf Canada Square
    • Calgary, Alberta
    • Chairman and President’s Office
    • Secretary
    • Executive Vice-President & Chief Operating Officer
    • Executive Vice-President & Chief Financial Officer
    • Senior Vice-President Operations
    • Senior Vice-President Marketing & Sales
    • Vice-President Strategy & Law & Corporate Secretary
    • Vice-President Transportation/Field Operations
    • Vice-President Communications & Public Affairs
    • Vice-President Human Resources & Industrial Relations
    • Vice-President Information Services
    • Vice-President Business Planning & Development
    • Vice-President Customer Service
    • Vice-President Supply Services
    • Vice-President Intermodal & Automotive
    • Vice-President Carload
    • Vice-President Bulk
    • Vice-President Real Estate
    • Assistant Vice-President Mechanical Operations
    • Assistant Vice-President Engineering Operations
    • Director Environmental Services
    • Director General Claims Agent
    • Director Intermodal Operations West
    • Occupational and Environmental Health
    • Police Services
    • Administrative Services
    • Tronicus
  • 2 
    General Manager International
    • Commercial
    • Montreal, Quebec
  • 3 
    150 Henry Avenue
    • Winnipeg, Manitoba
    • Engineering
    • Police Services
    • Safety & Regulatory Affairs
    • Supply Services
    • Training
    • Human Resources
    • Administration
  • 4 
    General Yard Office
    • Alyth Yard
    • Calgary, Alberta
    • Service Area Manager
    • Field Operations
    • Service Area Manager
    • Mechanical
    • Safety & Regulatory Affairs
    • Transportation
    • Administration
  • 5 
    General Yard Office
    • Port Coquitlam, British Columbia
    • Service Area Manager
    • Field Operations
    • Mechanical
    • Safety & Regulatory Affairs
    • Commercial
    • Administration
  • 6 
    Manitoba Service Area
    • Winnipeg Operation
    • Winnipeg, Manitoba
    • Service Area Manager
    • Manager Road Operations
    • Manager Yard Operations
    • Field Operations
    • Mechanical
    • Engineering
  • 7 
    Manitoba Service Area
    • Brandon Operation
    • Brandon, Manitoba
    • Manager Road Operations
    • Field Operations
    • Mechanical
    • Engineering
  • 8 
    Northern Ontario Service Area
    • Thunder Bay Operation
    • Thunder Bay, Ontario
    • Manager Road Operations
    • Field Operations
    • Mechanical
    • Engineering
    • Safety and Regulatory Affairs
    • Commercial
  • 9 
    Southern Ontario Service Area
    • Sudbury Operation
    • Sudbury, Ontario
    • Manager Road Operations
    • Field Operations
    • Mechanical
    • Engineering
    • Commercial
  • 10 
    Manitoba Service Area
    • Kenora Operation
    • Kenora, Ontario
    • Manager Road Operations
    • Field Operations
    • Engineering
  • 11 
    Northern Ontario Service Area
    • Thunder Bay Operation
    • Thunder Bay, Ontario
    • Service Area Manager
    • Field Operations
    • Mechanical
    • Engineering
  • 12 
    Northern Ontario Service Area
    • Schreiber Operation
    • Schreiber, Ontario
    • Manager Road Operations
    • Field Operations
    • Engineering
  • 13 
    Northern Ontario Service Area
    • Chapleau Operation
    • Chapleau, Ontario
    • Manager Road Operations
    • Field Operations
    • Mechanical
    • Engineering
  • 14 
    Grain Office
    • Winnipeg, Manitoba
    • General Manager
    • Commercial
  • 15 
    Customer Service Team
    • Winnipeg, Manitoba
    • Director
    • Human Resources
  • 16 
    Saskatchewan Service Area
    • Moose Jaw Operation
    • Moose Jaw, Saskatchewan
    • Service Area Manager
    • Manager Yard and Road Operations
    • Mechanical
    • Engineering
    • Safety and Regulatory Affairs
  • 17 
    Saskatchewan Service Area
    • Saskatoon Operation
    • Saskatoon, Saskatchewan
    • Manager Road Operations
    • Field Operations
    • Mechanical
    • Engineering
    • Commercial
  • 18 
    Alberta Service Area
    • Lethbridge Operation
    • Calgary, Alberta
    • Manager Road Operations
    • Field Operations
    • Mechanical
  • 19 
    Alberta Service Area
    • Medicine Hat Operation
    • Medicine Hat, Alberta
    • Manager Road Operations
    • Field Operations
    • Mechanical
  • 20 
    Alberta Service Area
    • Edmonton Operation
    • Edmonton, Alberta
    • Manager Road Operations
    • Mechanical
    • Commercial
  • 21 
    Alberta Service Area
    • Alyth Yard
    • Calgary, Alberta
    • Manager Road Operations
    • Manager Yard Operations
    • Field Operations
  • 22 
    Engineering Building
    • Alyth Yard
    • Calgary, Alberta
    • Service Area Manager
  • 23 
    BC Interior Service Area
    • Revelstoke Operation
    • Revelstoke, British Columbia
    • Service Area Manager
    • Field Operations
    • Mechanical
    • Engineering
    • Administration
  • 24 
    Vancouver Service Area
    • Port Coquitlam Operation
    • Port Coquitlam, British Columbia
    • Service Area Manager
    • Manager Road and Yard Operations
    • Field Operations
  • 25 
    Vancouver Service Area
    • Consolidated Fastfrate
    • Port Coquitlam Operation
    • Port Coquitlam, British Columbia
    • Service Area Manager
    • Engineering
    • Safety & Regulatory Affairs
    • Environmental Affairs
    • Administration
  • 26 
    Chemetron Railway Products Surrey Welding Plant
    • Surrey, British Columbia
    • Engineering
  • 27 
    BC Interior Service Area
    • Kootenay Valley Railway Operation
    • Nelson, British Columbia
    • Manager
    • Field Operations
    • Mechanical
    • Engineering
  • 28 
    Vancouver Service Area
    • Kamloops Operation
    • Kamloops, British Columbia
    • Manager Road Operations
    • Field Operations
    • Engineering
    • Commercial
    • Administration
  • 29 
    BC Interior Service Area
    • Cranbrook Operation
    • Cranbrook, British Columbia
    • Manager Road Operations
    • Field Operations
    • Mechanical
    • Engineering
    • Administration
  • 30 
    Vancouver Service Area
    • Roberts Bank Operation
    • Field Operations
    • Mechanical
  • 31 
    Finance and Accounting Offices
    • Calgary, Alberta
    • Vice-President and Comptroller
    • Vice-President & Treasurer
    • Vice-President Investor Relations
    • Assistant Vice-President Tax
    • Director Internal Audit
    • Director Accounting and Special Projects
    • Director Expenditure and General Accounting
    • Director Budgets and Management Reporting
    • Director General Accounting and Corporate Reporting
    • Director Financial Analysis
    • Director SAP Sustainment
    • Director Risk Management
    • Financial Director
  • 32 
    Accounting Service Centre
    • Montreal, Quebec
    • General Manager Accounting Service Centre
    • Director Revenue Settlements
    • Director Accounts Payable and Equipment Accounting
    • Director Customer Accounts and Interline Settlements
    • Manager Revenue Analysis and Reporting
    • Manager Workplace Development and Administration
    • Manager Revenue Settlements
    • Manager Customer Accounts and Credit
  • 33 
    Freight Claims
    • Toronto, Ontario
    • Manager
  • 34 
    Central Parkway
    • Mississauga, Ontario
    • Commercial
    • Business Development
    • Planning and Information Department
    • Human Resources
    • Supply Services
    • Finance
    • Expressway
    • Engineering
    • Tronicus
  • 35 
    Intermodal East
    • Lachine Terminal
    • Lachine, Quebec
    • Terminal Manager
  • 36 
    Intermodal East
    • Vaughan Terminal
    • Kleinburg, Ontario
    • Director Intermodal Operations East
    • Terminal Manager
  • 37 
    Intermodal East
    • Obico Container Terminal
    • Etobicoke, Ontario
    • Terminal Manager
  • 38 
    Intermodal West
    • Thunder Bay Terminal
    • Thunder Bay, Ontario
  • 39 
    Intermodal West
    • Dryden Terminal
    • Dryden, Ontario
  • 40 
    Intermodal West
    • Winnipeg Terminal
    • Winnipeg, Manitoba
    • Terminal Manager
  • 41 
    Intermodal West
    • Regina Terminal
    • Regina, Saskatchewan
    • Terminal Manager
  • 42 
    Intermodal West
    • Saskatoon Terminal
    • Saskatoon, Saskatchewan
    • Terminal Supervisor
  • 43 
    Intermodal West
    • Calgary Terminal
    • Calgary, Alberta
    • Terminal Manager
  • 44 
    Intermodal West
    • Edmonton Terminal
    • Edmonton, Alberta
    • Terminal Supervisor
  • 45 
    Intermodal West
    • Vancouver Intermodal Facility
    • Coquitlam, British Columbia
    • Terminal Manager
  • 46 
    Progress Rail
    • Winnipeg, Manitoba
  • 47 
    Winnipeg Car Shop
    • Winnipeg, Manitoba
    • Service Area Manager
  • 48 
    Winnipeg Locomotive Shop
    • Winnipeg, Manitoba
    • Service Area Manager
  • 49 
    Logan Work Equipment Repair Shop
    • Winnipeg, Manitoba
    • Shop Manager
  • 50 
    Chemetron Railway Products
    • Transcona Welding Facility
    • Winnipeg, Manitoba
    • Engineering
  • 51 
    Alstom Shops
    • Calgary, Alberta
  • 52 
    Alberta Service Area
    • Calgary, Alberta
    • Alyth Diesel Shop
    • Process Manager
    • Alyth Car Shop
    • Process Manager
  • 53 
    Alberta Service Area
    • Lethbridge, Alberta
    • Mechanical
  • 54 
    BC Interior Service Area
    • Golden, British Columbia
    • Service Area Manager
    • Mechanical
    • Yard Manager
    • Field Operations
    • Engineering
  • 55 
    Vancouver Service Area
    • Port Coquitlam, British Columbia
    • Coquitlam Locomotive Facility
    • Service Area Manager
    • Mechanical
  • 56 
    Vancouver Service Area
    • Port Coquitlam, British Columbia
    • Coquitlam Car Facility
    • Production Manager
    • Mechanical
    • Engineering
  • 57 
    Eastern Region
    • Montreal, Quebec
    • Police Services
    • Superintendent
  • 58 
    Eastern Region
    • Toronto, Ontario
    • Police Services
    • Sergeant
  • 59 
    Western Region
    • Winnipeg, Manitoba
    • Police Services
    • Sergeant
  • 60 
    Western Region
    • Calgary, Alberta
    • Police Services
    • Superintendent
  • 61 
    Western Region
    • Vancouver, British Columbia
    • Police Services
    • Inspector
  • 62 
    Granville Square
    • Vancouver, British Columbia
    • Real Estate
    • Freight Claims
    • Supply Services
    • Commercial
    • Human Resources
    • Administration
  • 63 
    Windsor Station
    • Montreal, Quebec
    • Vice President Expressway
    • Regional Manager Real Estate
    • Director Communications and Public Affairs
    • Manager Facilities East
    • Manager Facility and Leasing
    • Police Services
    • Human Resources
    • General Manager Network Management Centre
    • Safety and Regulatory Affairs
    • Commercial Development
    • Legal Services
  • 64 
    General Yard Office
    • Toronto, Ontario
    • Service Area Manager
    • Field Operations
    • Service Area Manager
    • Engineering Services
    • Service Area Manager
    • Mechanical Services
    • Manager Track Programs
    • Manager Signals and Communication
    • Safety and Regulatory Affairs
    • Commercial
    • Police Services
    • Administration
  • 65 
    Montreal Service Area
    • Montreal, Quebec
    • Service Area Manager
    • Field Operations
    • Administration
    • Safety and Regulatory Affairs
  • 66 
    Montreal Service Area
    • Montreal, Quebec
    • Service Area Manager
    • Mechanical
    • Administration
  • 67 
    Montreal Service Area
    • Montreal, Quebec
    • Service Area Manager
    • Engineering
    • Administration
  • 68 
    Montreal Service Area
    • Smiths Falls, Ontario
    • Manager Road Operations
    • Field Operations
    • Engineering
    • Administration
  • 69 
    Southern Ontario Service Area
    • Toronto, Ontario
    • Manager Road Operations
    • Manager Yard Operations
    • Field Operations
    • Administration
  • 70 
    Southern Ontario Service Area
    • Toronto, Ontario
    • Car Shop
    • Service Area Manager
    • Mechanical
  • 71 
    Southern Ontario Service Area
    • Toronto, Ontario
    • Diesel Shop
    • Service Area Manager
    • Mechanical
    • Administration
  • 72 
    Southern Ontario Service Area
    • Toronto, Ontario
    • Service Area Manager
    • Engineering
    • Administration
  • 73 
    Southern Ontario Service Area
    • London, Ontario
    • Manager Road Operations
    • Field Operations
    • Engineering
    • Administration
  • 74 
    Southern Ontario Service Area
    • Windsor, Ontario
    • Manager Road Operations
    • Field Operations
    • Mechanical
    • Engineering
    • Administration

PART IICanadian National Railway Company

Industrial Establishments

  • 1 
    CN System Headquarters, Montreal, Quebec
    • President
    • Executive Vice-President
    • Vice-President and Secretary
    • Assistant Vice-President Marketing
    • Vice-President Sales
    • Vice-President Transportation and Maintenance
    • General Manager, Passenger Sales and Service
    • Vice-President Cybernetic Services
    • Vice-President Personnel and Labour Relations
    • Vice-President Public Relations
    • Vice-President and General Counsel
    • Chief Medical Officer
    • Director of Investigation
  • 2 
    Atlantic Operating Region, Moncton, New Brunswick
    • Regional Vice-President
    • General Manager
    • Superintendent Customer and Catering Services
    • Manager, Customer and Research Services
    • Regional Passenger Sales Manager
    • Regional Freight Sales Manager
    • Regional Engineer
    • General Superintendent Equipment
    • General Superintendent Transportation
    • Manager Merchandise Claims
    • Manager Employee Relations
  • 3 
    St. Lawrence Operating Region, Montreal, Quebec
    • Regional Vice-President
    • General Manager
    • Superintendent Customer and Catering Services
    • Manager, Customer Research Services
    • Regional Passenger Sales Manager
    • Regional Freight Sales Manager
    • Regional Engineer
    • General Superintendent Equipment
    • General Superintendent Transportation
    • Manager Merchandise Claims
    • Manager Employee Relations
  • 4 
    Great Lakes Operating Region, Toronto, Ontario
    • Regional Vice-President
    • General Manager
    • Superintendent Customer and Catering Services
    • Manager, Customer Research Services
    • Regional Passenger Sales Manager
    • Regional Freight Sales Manager
    • Regional Engineer
    • General Superintendent Equipment
    • General Superintendent Transportation
    • Manager Merchandise Claims
    • Manager Employee Relations
  • 5 
    Prairie Operating Region, Winnipeg, Manitoba
    • Regional Vice-President
    • General Manager
    • Superintendent Customer and Catering Services
    • Manager, Customer Research Services
    • Regional Passenger Sales Manager
    • Regional Freight Sales Manager
    • Regional Engineer
    • General Superintendent Equipment
    • General Superintendent Transportation
    • Manager Merchandise Claims
    • Manager Employee Relations
  • 6 
    Mountain Operating Region, Edmonton, Alberta
    • Regional Vice-President
    • General Manager
    • Superintendent Customer and Catering Services
    • Manager, Customer Research Services
    • Regional Passenger Sales Manager
    • Regional Freight Sales Manager
    • Regional Engineer
    • General Superintendent Equipment
    • General Superintendent Transportation
    • Manager Merchandise Claims
    • Manager Employee Relations
  • 7 
    Newfoundland Operating Area, St. John’s, Newfoundland
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 8 
    Maritime Operating Area, Moncton, New Brunswick
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 9 
    Chaleur Operating Area, Campbellton, New Brunswick
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 10 
    Quebec Operating Area, Quebec City, Quebec
  • Area Manager
  • Operations Manager
  • Employee Relations Supervisor
  • Area Comptroller
  • Office Supervisor
  • Area Passenger Sales Manager
  • Area Freight Sales Manager
  • Superintendent Transportation
  • Superintendent Equipment
  • Area Engineer
  • 11 
    Montreal Operating Area, Montreal, Quebec
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 12 
    Champlain Operating Area, Montreal, Quebec
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 13 
    Rideau Operating Area, Belleville, Ontario
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 14 
    Toronto Operating Area, Toronto, Ontario
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 15 
    South Western Ontario Operating Area, London, Ontario
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 16 
    Northern Ontario Operating Area, Capreol, Ontario
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 17 
    Assiniboine-Lakehead Operating Area, Winnipeg, Manitoba
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 18 
    Hudson Bay Operating Area, Dauphin, Manitoba
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 19 
    Saskatchewan Operating Area, Saskatoon, Saskatchewan
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 20 
    Alberta Operating Area, Edmonton, Alberta
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 21 
    British Columbia Operating Area, Vancouver, British Columbia
    • Area Manager
    • Operations Manager
    • Employee Relations Supervisor
    • Area Comptroller
    • Office Supervisor
    • Area Passenger Sales Manager
    • Area Freight Sales Manager
    • Superintendent Transportation
    • Superintendent Equipment
    • Area Engineer
  • 22 
    CN Headquarters Telecommunications, Toronto, Ontario
    • General Manager
  • 23 
    Purchases and Stores Department — System
    • Purchasing and Stores — Atlantic Region
    • Purchasing Agent
    • Regional Manager — Materials
  • 24 
    Purchasing and Stores — St. Lawrence Region
    • Purchasing Agent
    • Regional Manager — Materials
  • 25 
    Purchasing and Stores — Great Lakes Region
    • Purchasing Agent
    • Regional Manager — Materials
  • 26 
    Purchasing and Stores — Prairie Region
    • Purchasing Agent
    • Regional Manager — Materials
  • 27 
    Purchasing and Stores — Mountain Region
    • Purchasing Agent
    • Regional Manager — Materials
  • 28 
    Main Equipment Shops — Montreal, Quebec
    • General Works Manager
    • Works Manager
    • Assistant Works Manager — Car
    • Assistant Works Manager — Motive Power
  • 29 
    Main Equipment Shops — Winnipeg, Manitoba
    • General Works Manager
    • Works Manager
    • Assistant Works Manager — Car
    • Assistant Works Manager — Motive Power
  • 30 
    Accounting
    • System
    • Vice-President Accounting and Finance, Montreal, Quebec
    • Region
    • Regional Comptroller

PART IIIVia Rail Canada Inc.

Industrial Establishments

  • 1 
    Corporate Headquarters
    • 2 Place Ville-Marie
    • Montreal, Quebec
    • Chairman’s office
    • President’s office
    • Public Affairs
    • General Counsel (Health and Safety Claims and Other Claims)
    • Internal Audit
    • Corporate Secretariat
    • Marketing
    • Human Resources and Administration
    • Customer Services
    • Transportation Planning and Finance (including Corporate Comptroller)
    • Information Services
    • Equipment Maintenance
  • 2 
    VIA Quebec (includes Ottawa, Ontario)
    • Public Affairs
    • General Counsel (Health and Safety Claims and Other Claims)
    • Marketing
    • Human Resources and Administration
    • Customer Services
    • Transportation (including Running Trades)
  • 3 
    VIA Atlantic — Nova Scotia, New Brunswick and Prince Edward Island
    • Public Affairs
    • General Counsel (Health and Safety Claims and Other Claims)
    • Marketing
    • Human Resources and Administration
    • Customer Services
    • Transportation (including Running Trades)
  • 4 
    VIA Ontario (excludes Ottawa, Ontario)
    • Public Affairs
    • General Counsel (Health and Safety Claims and Other Claims)
    • Marketing
    • Human Resources and Administration
    • Customer Services
    • Transportation (including Running Trades)
  • 5 
    VIA West — Thunder Bay and West of Thunder Bay
    • Public Affairs
    • General Counsel (Health and Safety Claims and Other Claims)
    • Marketing
    • Human Resources and Administration
    • Customer Services
    • Transportation (including Running Trades)
  • 6 
    Maintenance — Halifax
    • Halifax Maintenance Centre
    • Equipment Maintenance Department
    • Line points — Gaspé and Matapedia
  • 7 
    Maintenance — Montreal
    • Montreal Maintenance Centre
    • Equipment Maintenance Department
    • Line points — Mont-Joli, Quebec City and Ottawa
  • 8 
    Maintenance — Toronto
    • Toronto Maintenance Centre
    • Equipment Maintenance Department
    • Line points — Windsor, Sarnia, London and Union Station
  • 9 
    Maintenance — Winnipeg
    • Winnipeg Maintenance Centre
    • Equipment Maintenance Department
    • Line points — The Pas, Manitoba and Churchill, Manitoba
  • 10 
    Maintenance — Vancouver
    • Vancouver Maintenance Centre
    • Equipment Maintenance Department
    • Line points — Prince Rupert, British Columbia and Jasper, Alberta

PART IVAir Canada

Industrial Establishments

  • 1 
    Corporate Headquarters
    • Chairman
    • President
    • Secretary of the Company
    • Law
    • Finance and Planning
    • Marketing, Sales and Service
    • Operations and Services
    • Corporate & Human Resources
    • Flight Operations
    • In-Flight Service
    • Technical Operations
    • Administrative Support Staff
  • 2 
    Finance
  • 3 
    Marketing and Sales
  • 4 
    In-Flight Service
  • 5 
    Flight Operations
  • 6 
    Information Services
  • 7 
    Sales & Service; Cargo — Eastern Region (Quebec and East, including Ottawa)
  • 8 
    Sales & Service; Cargo — Central Region (Ontario up to Thunder Bay)
  • 9 
    Sales & Service; Cargo — Western Region (Thunder Bay and West)
  • 10 
    Sales & Service/Passenger — Eastern Region (Quebec and East including Ottawa)
  • 11 
    Sales & Service/Passenger — Central Region (Ontario up to Thunder Bay)
  • 12 
    Sales & Service/Passenger — Western Region (Thunder Bay and West)
  • 13 
    Maintenance — Montreal, Halifax, Quebec City, Ottawa
  • 14 
    Maintenance — Toronto
  • 15 
    Maintenance — Winnipeg
  • 16 
    Maintenance — Vancouver, Calgary, Edmonton

PART VCanadian Airlines International

Industrial Establishments

  • 1 
    Corporate Headquarters
    • Group Vice-President and Vice-Presidents — Operations
    • Group Vice-President and Vice-Presidents — Human Resources
    • Vice-President, Scheduling and Planning
    • Senior Vice-President and Vice-Presidents — International Group
    • Vice-President and Vice-Presidents — Marketing and Sales
    • Vice-Presidents, Commercial Services
    • Vice-President and Comptroller
    • Administrative Support Staff
  • 2 
    Information Services
  • 3 
    Cargo Sales and Service
  • 4 
    Finance and Accounting
  • 5 
    Flight Operations
  • 6 
    Purchasing and Facilities
  • 7 
    Customer Services — Western Region (Thunder Bay and West)
  • 8 
    Customer Services — Central Region (Ontario up to Thunder Bay)
  • 9 
    Customer Services — Eastern Region (Quebec and East)
  • 10 
    Maintenance — Quebec and Atlantic Provinces
  • 11 
    Maintenance — Ontario
  • 12 
    Maintenance — Alberta, Saskatchewan, Manitoba, Yukon, Northwest Territories and Nunavut
  • 13 
    Maintenance — British Columbia
  • 14 
    In-flight Service — Western Canada (Thunder Bay and West)
  • 15 
    In-flight Service — Eastern Canada (East up to Thunder Bay)
  • 16 
    Human Resources and Administrative Services
  • 17 
    System Operations Control Centre
  • 18 
    Marketing and Sales

PART VIBell Canada

Industrial Establishments

  • 1 
    Bell Canada
    • Ontario Region
    • Centre – Area Code 416 (Toronto Excluded)
    • Craft Employees (CEP)
  • 2 
    Bell Canada
    • Ontario Region
    • Centre – Area Code 416 (Toronto Excluded)
    • Clerical & Associated Employees and Sales (CTEA)
  • 3 
    Bell Canada
    • Ontario Region
    • Centre – Area Code 416 (Toronto Excluded)
    • Management Employees
  • 4 
    Bell Canada
    • Ontario Region
    • Metro Toronto – Area Code 416
    • Craft Employees (CEP)
  • 5 
    Bell Canada
    • Ontario Region
    • Metro Toronto – Area Code 416
    • Clerical & Associated Employees and Sales (CTEA)
  • 6 
    Bell Canada
    • Ontario Region
    • Metro Toronto – Area Code 416
    • Management Employees
  • 7 
    Bell Canada
    • Ontario Region
    • South West – Area Code 519
    • Craft Employees (CEP)
  • 8 
    Bell Canada
    • Ontario Region
    • South West – Area Code 519
    • Clerical & Associated Employees and Sales (CTEA)
  • 9 
    Bell Canada
    • Ontario Region
    • South West – Area Code 519
    • Management Employees
  • 10 
    Bell Canada
    • Ontario Region
    • East – Area Code 613
    • Craft Employees (CEP)
  • 11 
    Bell Canada
    • Ontario Region
    • East – Area Code 613
    • Clerical & Associated Employees and Sales (CTEA)
  • 12 
    Bell Canada
    • Ontario Region
    • East – Area Code 613
    • Management Employees
  • 13 
    Bell Canada
    • Ontario Region
    • North – Area Codes 705 & 807
    • Craft Employees (CEP)
  • 14 
    Bell Canada
    • Ontario Region
    • North – Area Codes 705 & 807
    • Clerical & Associated Employees and Sales (CTEA)
  • 15 
    Bell Canada
    • Ontario Region
    • North – Area Codes 705 & 807
    • Management Employees
  • 16 
    Bell Canada
    • Ontario Region
    • Centre – Area Code 905
    • Craft Employees (CEP)
  • 17 
    Bell Canada
    • Ontario Region
    • Centre – Area Code 905
    • Clerical & Associated Employees and Sales (CTEA)
  • 18 
    Bell Canada
    • Ontario Region
    • Centre – Area Code 905
    • Management Employees
  • 19 
    Bell Canada
    • Ontario Region (Quebec — Operational Groups)
    • All Area Codes
    • Craft & Operator Services Employees (CEP)
    • Clerical & Associated Employees and Sales (CTEA)
    • Management Employees
  • 20 
    Corporate Centre
    • Ontario Region
    • Centre – Area Code 416 (Toronto Included)
    • Craft Employees (CEP)
    • Clerical & Associated Employees (CTEA)
    • Management Employees
  • 21 
    Corporate Centre
    • Ontario Region
    • South West, East and Centre – Area Codes 519, 613 & 905
    • Clerical & Associated Employees (CTEA)
    • Management Employees
  • 22 
    Network Operations
    • Ontario Region
    • Centre – Area Code 416 (Toronto Included)
    • Craft Employees (CEP)
  • 23 
    Network Operations
    • Ontario Region
    • Centre – Area Code 416 (Toronto Included)
    • Clerical & Associated Employees (CTEA)
  • 24 
    Network Operations
    • Ontario Region
    • Centre – Area Code 416 (Toronto Included)
    • Management Employees
  • 25 
    Network Operations
    • Ontario Region
    • South West – Area Code 519
    • Craft Employees (CEP)
  • 26 
    Network Operations
    • Ontario Region
    • South West – Area Code 519
    • Clerical & Associated Employees (CTEA)
  • 27 
    Network Operations
    • Ontario Region
    • South West – Area Code 519
    • Management Employees
  • 28 
    Network Operations
    • Ontario Region
    • North – Area Codes 705 & 807
    • Craft Employees (CEP)
    • Clerical & Associated Employees (CTEA)
    • Management Employees
  • 29 
    Network Operations
    • Ontario Region
    • East – Area Code 613
    • Craft Employees (CEP)
  • 30 
    Network Operations
    • Ontario Region
    • East – Area Code 613
    • Clerical & Associated Employees (CTEA)
  • 31 
    Network Operations
    • Ontario Region
    • East – Area Code 613
    • Management Employees
  • 32 
    Network Operations
    • Ontario Region
    • Centre – Area Code 905
    • Craft Employees (CEP)
    • Clerical & Associated Employees (CTEA)
    • Management Employees
  • 33 
    Bell Canada
    • Quebec Region (Ontario — Operational Groups)
    • All Area Codes
    • Craft Employees (CEP)
    • Clerical & Associated Employees (CTEA)
    • Management Employees
  • 34 
    Bell Canada
    • Quebec Region
    • East – West – North – Area Codes 819 & 418
    • Craft Employees (CEP)
  • 35 
    Bell Canada
    • Quebec Region
    • East – West – North – Area Codes 819 & 418
    • Clerical & Associated Employees and Sales (CTEA)
  • 36 
    Bell Canada
    • Quebec Region
    • East – West – North – Area Codes 819 & 418
    • Management Employees
  • 37 
    Bell Canada
    • Quebec Region
    • Metro (Montreal Excluded) – Area Code 450
    • Craft Employees (CEP)
    • Clerical & Associated Employees (CTEA)
    • Management Employees
  • 38 
    Bell Canada
    • Quebec Region
    • Montreal – Area Code 514
    • Craft & Operator Services Employees (CEP)
  • 39 
    Bell Canada
    • Quebec Region
    • Montreal – Area Code 514
    • Clerical & Associated Employees and Sales (CTEA)
  • 40 
    Bell Canada
    • Quebec Region
    • Montreal – Area Code 514
    • Management Employees
  • 41 
    Corporate Centre
    • Quebec Region
    • All Area Codes
    • Craft Employees (CEP)
    • Clerical Employees (CTEA)
  • 42 
    Corporate Centre
    • Quebec Region
    • All Area Codes
    • Management Employees
  • 43 
    Network Operations
    • Quebec Region
    • East – West – North – Area Codes 819 & 418
    • Craft Employees (CEP)
  • 44 
    Network Operations
    • Quebec Region
    • East – West – North – Area Codes 819 & 418
    • Clerical Employees (CTEA)
    • Management Employees
  • 45 
    Network Operations
    • Quebec Region
    • Metro (Montreal Excluded) – Area Code 450
    • Craft Employees (CEP)
    • Clerical & Associated Employees (CTEA)
    • Management Employees
  • 46 
    Network Operations
    • Quebec Region
    • Montreal – Area Code 514
    • Craft Employees (CEP)
  • 47 
    Network Operations
    • Quebec Region
    • Montreal – Area Code 514
    • Clerical & Associated Employees (CTEA)
  • 48 
    Network Operations
    • Quebec Region
    • Montreal – Area Code 514
    • Management Employees
  • 49 
    Bell Canada
    • Western Region
    • Calgary
    • Craft Employees (CEP)
    • Clerical & Associated Employees (CTEA)
    • Management Employees
  • 50 
    Bell Canada
    • Western Region
    • Vancouver
    • Craft Employees (CEP)
    • Clerical & Associated Employees (CTEA)
    • Management Employees
  • SOR/79-309, s. 7
  • SOR/89-118, s. 1
  • SOR/89-464, s. 1
  • SOR/91-461, s. 36
  • SOR/94-668, s. 13
  • SOR/99-337, s. 2
  • SOR/2006-231, ss. 3, 4

SCHEDULE II(Subsection 25(2))Notice Related to the Canada Labour Code — Part III

Part III of the Canada Labour Code contains provisions setting out minimum labour standards for employers and employees in the federal jurisdiction.

These provisions include standards relating to the following:

  • Hours of work
  • Minimum wages
  • General holidays
  • Annual vacations
  • Multi-employer employment
  • Equal wages
  • Maternity leave
  • Parental leave
  • Maternity-related reassignment and leave
  • Work-related illness and injury
  • Sick leave
  • Bereavement leave
  • Compassionate care leave
  • Individual termination of employment
  • Group termination of employment
  • Unjust dismissal
  • Severance pay
  • Garnishment of wages
  • Sexual harassment
  • Payment of wages
  • Leave of Absence for Members of the Reserve Force

For more information concerning these provisions, please contact your nearest Labour Program office of the Department of Human Resources and Skills Development or visit the Web site address:

http://www.hrsdc.gc.ca/en/gateways/topics/lxn-gxr.shtml

All inquiries will be treated confidentially.

  • SOR/91-461, s. 36
  • SOR/94-668, s. 14
  • SOR/2006-231, s. 5
  • SOR/2009-194, s. 4

SCHEDULE III(Sections 4 and 5)Notice of Modified Work Schedule

  • (a) 
    Name of employer: blank line
  • (b) 
    An identification of the affected employees: blank line
  • (c) 
    Address or location of workplace: blank line
  • (d) 
    Hours of work in each work day: blank line

    in each work week blank line

    (The number of hours in a work day and in a work week may be specified by attaching the work schedule of the affected employees.)

  • (e) 
    Number of work days in the work schedule: blank lineblank line
  • (f) 
    Number of weeks in the work schedule: blank lineblank line
  • (g) 
    Number of days of rest in the work schedule: blank lineblank line
  • (h) 
    Where one or more general holidays occur in a week, the weekly standard hours shall be reduced by: blank line
  • (i) 
    The number of days for which the employee is entitled to wages in the 30 days preceding a holiday in order to qualify for general holiday pay: blank line

    (The number of days in paragraph (i) must be equal to the number of work days in the work schedule multiplied by three and divided by the number of weeks in the schedule)

  • (j) 
    The maximum number of hours that may be worked:

    in a week blank line

    in a work schedule blank line

  • (k) 
    The method of calculating general holiday pay is: blank line
  • (l) 
    Date the work schedule comes into effect:blank lineblank line / blank line / blank line
  • (m) 
    Date the work schedule expires:blank lineblank line / blank line / blank line
  • (n) 
    Date the notice was posted:blank lineblank line / blank line / blank line

Note:

  • 1 Any hours worked in excess of the daily hours of work set out in paragraph (d) and in excess of a weekly average of 40 hours over the work schedule are payable at the overtime rate.

  • 2 This work schedule is posted in accordance with subsections 170(3) and 172(3) of the Canada Labour Code. These require that notice of the work schedule be posted for at least 30 days prior to its coming into effect and that the employer and 70% of affected employees agree to the schedule. Subsection 5(2) of the Canada Labour Standards Regulations requires that details of the work schedule be posted and kept posted as long as the modified work schedule is in effect.

  • SOR/94-668, s. 15

SCHEDULE IV(Section 6)Notice of Averaging of Hours of Work

  • (a) 
    Name of employer: blank line
  • (b) 
    An identification of the affected employees: blank line
  • (c) 
    Address or location of workplace: blank line
  • (d) 
    Number of weeks in the averaging period: blank line
  • (e) 
    Information to establish that there is an irregular distribution of hours of work that is necessitated by the nature of the work in the industrial establishment:
  • (f) 
    Reasons for the length of the averaging period:
  • (g) 
    Date the averaging of hours of work comes into effect: blank lineblank line / blank line / blank line
  • (h) 
    Date the averaging of hours of work ends: blank lineblank line / blank line / blank line
  • (i) 
    Date the notice was posted: blank lineblank line / blank line / blank line

Note:

This notice is posted in accordance with section 6 of the Canada Labour Standards Regulations which requires that the employer notify affected employees of details of the averaging of hours of work at least 30 days before the averaging takes effect and also requires that the information contained in this notice remain posted for the duration of the averaging of hours of work.

  • SOR/94-668, s. 15

SCHEDULE V

[Repealed, SOR/99-337, s. 3]

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