Canada Labour Code Overview

A process where an independent body (CIRB) verifies that a majority of employees in a workplace want to be represented by a union. This gives the union the right to negotiate with the employer on behalf of the employees.

A group of employees in a workplace who share similar work duties and are eligible to be represented by a union.

Signed documents where employees express their desire to be represented by a union.

An election where employees secretly vote for or against being represented by a union. It's used when there's enough support, but not a clear majority.

The right of a certified union to negotiate with an employer on behalf of its members.

Actions taken by employees (like strikes or work stoppages) to put pressure on the employer during negotiations.

Employees feel they are not treated fairly in terms of pay, benefits, or working conditions, and they have no voice in their workplace.

Unions give employees more power by allowing them to work together, share knowledge, and use economic sanctions. This improves their chances in negotiations with the employer.

A legal order issued to halt work activities due to uncorrected hazards, preventing accidents and protecting workers.

Protection from employer retaliation for refusing dangerous work or participating in hazard investigations.

A legal defense that requires showing a person did everything reasonably possible to prevent an accident.

The responsibility of senior managers to oversee workplace safety systems and ensure they are effective.

The responsibility to establish written safety policies and guidelines that are communicated to all employees.

The obligation of middle management to ensure hazard prevention programs are implemented and supervised.

The duty of mid-level managers to give clear instructions and monitor their implementation to ensure safety.

Senior managers are allowed to rely on established safety programs unless they are aware of defects.

A group of workers elected by employees to represent them on health and safety matters.

A representative tasked with promoting safety within workplaces that have fewer than 20 employees.

A process for addressing worker concerns about potential hazards in the workplace.

A worker's right to refuse unsafe work based on reasonable belief of imminent threat to health or safety.

A right provided to employees to voice concerns about work environment hazards to their supervisor.

A person appointed by the Minister of Labour to investigate complaints or workplace accidents.

The actions taken by an investigator to gather information and determine the cause of a complaint or accident.

The legal protection for employees who file complaints in good faith regarding workplace safety.

A period of time where an employee can be absent from work due to pregnancy or giving birth, and is protected by law to have their job or a comparable one waiting upon return.

A period of time where an employee can be absent from work due to the birth of a child or being the primary caregiver of an adopted child, and is protected by law to have their job or a comparable one waiting upon return.

An employee's ability to be reassigned or have their job modified due to medical evidence that the original job functions pose risks to the employee or their fetus.

A leave granted to pregnant employees who need to stop working due to medical reasons during pregnancy.

The length of time that a pregnant employee is entitled to be on leave, starting at least 13 weeks before their estimated delivery date.

A leave of absence granted to new parents of their own or an adopted child, allowing them to care for the child.

The ability for parents to split the parental leave duration between them if both work in the federal jurisdiction.

The protection of an employee's job rights during leave, ensuring they are not disciplined for taking time off and their position is secured upon return.

A hazard, condition, or activity posing a threat to life or health of a worker, which can be corrected or altered to eliminate the danger.

The obligation of employers to implement measures aimed at minimizing risks inherent in the workplace, as far as reasonably and practically feasible.

An employee's right to refuse work if it poses a danger beyond the usual job risks or if safety measures have not been reasonably applied.

A broad interpretation of danger that considers various employment scenarios, including the employee's individual circumstances.

Recognizing that certain tasks or activities might be dangerous for some employees but not others, based on their specific health conditions.

Special provisions for pregnant or nursing employees, allowing them to refuse tasks perceived as a risk to their health or that of their fetus/child.

The legal case of Tryggvason that examined whether workplace conflict and bullying constitute danger under the CLC.

The CLC's definition of danger includes workplace conflict and bullying as potential risks, as determined by the Tryggvason case.

The Supreme Court of Canada held that freedom of association applies to the labour context. This was established through three significant cases referred to as the "original labour trilogy".

In 2015, the Supreme Court of Canada heard a case called Saskatchewan Federation of Labour v Saskatchewan that invalidated a law preventing government employees from striking. This case, along with two others, is known as the "new labour trilogy".

The "new labour trilogy" included a ruling by the Supreme Court of Canada that acknowledged a "right to strike" as part of the constitutionally protected right to freedom of association under section 2(d) of the Charter.

The assumption that managers and employees have different interests is fundamental to North American labour law. This distinction is often reflected in labor codes that exclude managers from being considered 'employees' for unionization purposes.

The American Wagner Act of 1935 served as the foundation for many North American labour codes, including the one in Quebec. This Act protected the right of private sector employees to collectively bargain and strike.

First-level casino managers in Quebec are challenging a provision in the Labour Code that excludes all management personnel from being considered 'employees', thereby denying them the right to unionize.

The distinction between managers and employees in labour codes is not absolute. Some managers may be allowed to unionize, blurring the lines and challenging traditional views of labor organization.

The Quebec Labour Code is currently under review by the Supreme Court due to a case challenging its definition of 'employee', particularly as it pertains to first-level casino managers. This case may result in changes to the legal interpretation of 'employee' and unionization rights.

During a lockout or strike, essential services must continue, like healthcare or safety, to prevent immediate and severe risks to the public.

The CIRB can enforce that employees return to work or employers end a lockout if a strike or lockout violates legal conditions.

Employers are forbidden from hiring replacement workers during a strike or lockout unless it's solely for legitimate bargaining purposes, not for weakening the union's power.

Employers can't fire or discipline an employee who refuses to do the work of a striking or locked-out worker.

Employers cannot stop providing pension or other benefits to striking or locked-out employees as long as the union is paying the required insurance premiums.

After a strike or lockout ends, employers are obligated to reinstate employees who were on strike or lockout back to their positions.

The Supreme Court of Canada has ruled that the right to strike is protected by the Charter of Rights and Freedoms, despite potential disruptions to essential services.

The right to strike has been a significant topic of debate, particularly in public sectors where strikes could disrupt services that are essential for public health, safety, or the national economy.

The adjudicators in this case determined that the LRRBE's operations are not closely tied to essential federal government functions related to "Indians and Lands reserved for Indians," rendering them ineligible for protection under the CLC.

This part of the CLC outlines the goals and objectives of the legislation, with a focus on finding a balance between employer and employee needs to create a harmonious work environment.

Decisions made by adjudicators under the CLC, though they can be cited in other cases, are less persuasive than rulings made under relevant provincial laws. This highlights the CLC's specific scope and limitations.

The CLC is distinct from the Canadian Charter of Rights and Freedoms, meaning it does not have the same widespread applicability or enforcement.

The CLC aims to strike a balance between the needs of employers and employees to foster a positive working environment and promote labour peace.

The Wagner Act, a landmark American legislation, greatly influenced many North American labor codes, including the one in Quebec. It primarily focused on protecting the rights of private sector employees.

First-level managers in Canada are currently questioning the traditional definition of 'employee' as it relates to unionization rights. This debate highlights the evolving nature of labor relationships in modern workplaces.

The distinction between 'managers' and 'employees' for unionization purposes isn't clear-cut and is undergoing ongoing debate. Some managers may be allowed to unionize, leading to a more complex picture of workplace organization.

The Quebec Labour Code is currently under review by the Supreme Court, specifically regarding the definition of 'employee' as it pertains to first-level managers. This could potentially lead to changes in the legal interpretation of employee rights and unionization.

Decisions made by adjudicators under the CLC can be cited in other cases, but they hold less weight than rulings made under relevant provincial laws. This reflects the CLC's limited scope and enforcement power.

The CLC's aim is to balance the needs of employers and employees to create a positive working environment. This means finding solutions that benefit both parties and promote industrial peace.

The right to strike is a crucial part of collective bargaining and is protected by the Canadian Charter of Rights and Freedoms, according to the Supreme Court of Canada.

A group of employees who share similar roles and are eligible for union representation.

Actions taken by employees like strikes or work stoppages to put pressure on the employer during negotiations.

In the Saskatchewan Federation of Labour v Saskatchewan case, the Supreme Court of Canada declared that the right to strike is a fundamental part of collective bargaining and is protected by the Charter.

The right to collective bargaining is protected by the Charter. It is a constitutional right for employees to form a union and negotiate with their employer.

In North American labour law, managers are traditionally excluded from unionization and considered separate from employees. They are seen as representing the employer's interests.

The legal case involving casino supervisors in Quebec challenges the traditional distinction between managers and employees, questioning whether managers should have the right to unionize.

A hazard, condition, or activity posing an immediate and serious threat to a worker's life or health, which can be corrected or altered to eliminate the danger.

A broad interpretation of danger that considers various employment scenarios, including the employee's individual circumstances.

The Canada Labour Code (CLC) aims to prevent workplace accidents and injuries by emphasizing hazard elimination, reduction, and the provision of protective equipment.

If eliminating a hazard is impossible, the employer must take steps to reduce its risk. For example, using barriers or safety devices.

When hazards cannot be eliminated or reduced, employers are obligated to provide personal protective equipment (PPE) to their workers.

These regulations set specific requirements for addressing common workplace hazards across industries (e.g., noise, ladders, and excavations).

These regulations cover industries with unique working conditions, such as aviation, coal mining, maritime, oil and gas, and on-board trains.

An employee has the right to refuse work if they believe the workplace is dangerous, and they can initiate a formal investigation to address the safety concerns.

The CLC allows an employee to withdraw from work and initiate a formal investigation if they have a reasonable belief that the work is dangerous.

An employee can take a leave of absence for up to 71 weeks when a child is born or adopted, or 104 weeks if special medical circumstances exist. This leave is available to both parents.

The total leave time for both parents in relation to the same birth cannot exceed 86 weeks, unless one parent takes the entirety of the parental time, in which case the total limit is 78 weeks.

Employees under federal jurisdiction can take up to 28 weeks of leave to care for a seriously ill family member. To qualify, a doctor must certify that the family member has a significant risk of death within 26 weeks.

The CLC allows employees to take 37 weeks of leave to care for a critically ill child. A doctor's certificate from a specialist is required to determine the child's need for parental care and support.

This leave provides compassionate time off for parents of a child who has died or disappeared, especially if it's suspected to be a crime. The leave duration is not specified.

Family members eligible for compassionate care leave encompass a spouse or partner, the employee's child or their partner's child, the employee's parent or their partner, and any other individuals classified as family members in the Employment Insurance Act.

The CLC offers a variety of leave options for employees, including maternity, parental, compassionate care, critical illness, and death or disappearance leave.

Employees who fall under the Canada Labour Code (CLC) have legal protection regarding leave for family care and support.