Canada Labour Standards Regulations
This provision sets rules for labour standards administration, including how documents are filed, what must go into employment statements, how hours can be averaged, pay and record-keeping duties, and certain limits on young employees’ work hours.
- Jurisdiction
- Canada
- Instrument
- Regulation
- Version
- 26 May 2026
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This provision sets rules for labour standards administration, including how documents are filed, what must go into employment statements, how hours can be averaged, pay and record-keeping duties, and certain limits on young employees’ work hours. The provision defines several employee status terms and requires advance posting or notice for modified work schedules and averaging of hours of work.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Canada Labour Standards Regulations
Showing 2 of 2
Part document.segment-1
Canada Labour Standards Regulations — segment 1
- document.segment-1 Verify source ↗
Canada Labour Standards Regulations — segment 1
This provision sets rules for labour standards administration, including how documents are filed, what must go into employment statements, how hours can be averaged, pay and record-keeping duties, and certain limits on young employees’ work hours.
Canada Labour Standards Regulations [Repealed, SOR/2019-168, s. 2] In these Regulations, Act means Part III of the Canada Labour Code; (Loi) Director[Repealed, SOR/94-668, s. 2] post means, in respect of a document, to post in readily accessible places where the document is likely to be seen by the employees to whom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) If, under these Regulations, any notice, application or other document is required or authorized to be filed with or sent to the Head of Compliance and Enforcement, it shall be filed with or sent to the Head of Compliance and Enforcement at the regional office of the Labour Program of the Department of Employment and Social Development that is located at the city nearest to the place where the employee concerned resides. Division I of the Act does not apply to members of the architectural, dental, engineering, legal or medical professions. The following information must be included in the employment statement provided under section 253.2 of the Act: the names of the parties to the employment relationship; the job title of the employee and a brief description of their duties and responsibilities; the address of the ordinary place of work; the date on which the employment commences; the term of the employment; the duration of the probationary period, if any; a description of the necessary qualifications for the position; a description of any required training for the position; the hours of work for the employee, including information on the calculation of those hours and rules regarding overtime hours; the rate of wages or salary and the rate of overtime pay; the frequency of pay days and the frequency of payment of any other remuneration; any mandatory deductions from wages; and information about how the employee can claim reimbursement of reasonable work-related expenses. If, 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 agreement shall be dated and contain the information set out in paragraphs (a) to (m) of Schedule III. A notice that is referred to in subsection 170(3) or 172(3) of the Act shall contain the information set out in Schedule III and remain posted while the modified work schedule is in effect. 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 have no regularly scheduled daily or weekly hours of work, or 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. 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. 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, 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 provide a copy of the notice to the Head of Compliance and Enforcement and every trade union representing any affected employees who are subject to a collective agreement. Where averaging of hours of work is in effect, the employer shall post a notice containing the information set out in Schedule IV. 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). Where the hours of work of employees are calculated as an average pursuant to subsection (1), the standard hours of work of an employee shall be 40 times the number of weeks in the averaging period; the maximum hours of work of an employee shall not exceed 48 times the number of weeks in the averaging period; and the overtime rate referred to in paragraph 174(1)(a) of the Act shall be paid or, subject to subsection 174(2) of the Act, the time off referred to in paragraph 174(1)(b) of the Act shall be granted for those 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. 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 of annual vacation with pay; of holiday with pay granted to the employee under Division V of the Act; of leave of absence with pay under subsection 205(2) of the Act; of leave related to pregnancy loss with pay; of personal leave with pay; of leave for victims of family violence with pay; of bereavement leave with pay; of medical leave of absence with pay; that consists of any combination of the vacation, holiday or leave described in paragraphs (a) to (f.1); or that is normally a working day in respect of which the employee is not entitled to regular wages. 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 that is normally a working week in respect of which the employee is not entitled to regular wages; of medical leave of absence with pay; or that consists of any combination of the days described in paragraphs (7)(a) to (g). 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. 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. If, during the averaging period, an employer lays off or terminates the employment of an employee whose hours of work are averaged under subsection (1), the employer shall pay the employee at the overtime rate of wages established under paragraph 174(1)(a) 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. 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, posted a notice of the change; and provided a copy of the notice to the Head of Compliance and Enforcement and every trade union representing any affected employees who are subject to a collective agreement. If, 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, for each hour worked in excess of 40 times the number of weeks in the completed part of the averaging period, pay those employees at the overtime rate referred to in paragraph 174(1)(a) of the Act; or subject to subsection 174(2) of the Act, grant those employees time off in accordance with paragraph 174(1)(b) of the Act. Notwithstanding the requirements of these Regulations, section 174 of the Act does not apply in circumstances where there is an established work practice that requires or permits an employee to work in excess of standard hours for the purposes of changing shifts; permits an employee to exercise seniority rights to work in excess of standard hours pursuant to a collective agreement; or permits an employee to work in excess of standard hours as the result of his exchanging a shift with another employee. 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. 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 Head of Compliance and Enforcement 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. During an averaging period, hours of work may be scheduled and actually worked without regard to section 173 of the Act. An employer may employ a person under the age of 18 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 the person is not required, under the law of the province in which they are ordinarily resident, to be in attendance at school; and the work in which the person is to be employed is not carried on underground in a mine, would not cause them to be employed in or enter a place that they are prohibited from entering under the Explosives Regulations, 2013, is not work as a nuclear energy worker as defined in the Nuclear Safety and Control Act, is not work that they are prohibited from doing under the Canada Shipping Act, 2001 by reason of their age, and is not likely to be injurious to their health or to endanger their safety. An employer may not cause or permit an employee under the age of 18 years to work between 11 p.m. on one day and 6 a.m. on the following day. [Repealed, SOR/99-337, s. 1] [Repealed, SOR/91-461, s. 10] 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. 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. 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 the dates of commencement and expiry of the year of employment; and the method of calculating the length of vacation and the vacation pay for a period of employment of less than 12 consecutive months. 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. 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 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 the commencement date of the year of employment previously in effect, for all other employees. 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. An employer shall pay to an employee who is entitled to it the vacation pay referred to in subparagraph 185(b)(i) of the Act or the amount referred to in subparagraph 185(b)(ii) of the Act, as the case may be, on a day that is within 14 days before the day on which a vacation period begins; or on the regular pay day during or immediately following a vacation period if it is not practicable to comply with paragraph (a) or if it is an established practice in the industrial establishment in which the employee is employed to pay vacation pay or a proportion of that vacation pay on the regular pay day during or immediately following a vacation period. 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. 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. A notice of substitution of a general holiday required to be posted pursuant to subsection 195(3) of the Act shall contain the name of the employer; an identification of the affected employees; the address or location of the workplace; the dates of the general holiday and the substituted holiday; the dates the substitution comes into effect and expires; the date of posting; and 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. The notice referred to in subsection (1) shall remain posted for the duration of the substitution. If, in accordance with subsection 195(1) of the Act, any other day 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). For the purposes of subsections 206.51(6), 206.6(2), 206.7(2.1), 210(2) and 239(1.3) 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 the average of the employee’s daily earnings, exclusive of overtime hours, for the 20 days the employee has worked immediately preceding the first day of the period of paid leave; or an amount calculated by a method agreed on under or pursuant to a collective agreement that is binding on the employer and the employee. For the purposes of section 197 of the Act, if the hours of work of an employee whose wages are calculated on a daily or hourly basis differ from day to day, or if the employee’s wages are calculated on a basis other than time, the regular rate of wages for a general holiday shall be the average of his daily earnings exclusive of overtime for the 20 days he has worked immediately preceding the holiday; or an amount calculated by a method agreed upon under or pursuant to a collective agreement that is binding on the employer and the employee. The following definitions apply in this section. Act means the Canada Labour Code. (Loi) week means the period between midnight on Saturday and midnight on the immediately following Saturday. (semaine) Despite section 20, for the purposes of subsection 251.12(5) of the Act, the regular rate of wages of an employee who is paid on a basis other than an hourly rate is calculated or determined in accordance with this section. Subject to subsections (5) to (7), if the employee worked for at least one hour during the four-week period preceding a week in which the employee attends the appeal proceeding in response to a summons by the Board, the employee’s regular rate of wages for that week is calculated by dividing the wages that the employee earned in that period by the hours that they worked during the same period, excluding overtime hours. Subject to subsections (5) to (7), if the employee did not work for at least one hour in the period referred to in subsection (3) but did work for at least one hour in the preceding four-week period, their regular rate of wages is calculated using the formula set out in subsection (3) but in respect of the preceding four-week period. Subject to subsections (6) and (7), if the employee is paid, in whole or in part, on a commission basis and the employee has completed at least 12 weeks of continuous employment for their employer, the employee’s regular rate of wages for the week in which the employee attends the appeal proceeding in response to a summons by the Board is calculated by dividing the amount of wages that they earned in the 12-week period preceding that week by the number of hours that the employee worked during that period, excluding overtime hours. Subject to subsection (7), if a collective agreement that is binding on the employee and employer sets out a regular rate of wages that is applicable to the employee, or a method for calculating it, that rate, or the rate calculated following that method, is the employee’s regular rate of wages. In the following circumstances, an employee’s regular rate of wages is the minimum wage rate referred to in Part III of the Act: the employee’s regular rate of wages cannot be calculated or determined in accordance with any of subsections (3) to (6) because the employer is not required, under paragraph 24(2)(d), to keep records of hours worked by the employee each day and the employer cannot otherwise determine the number of hours that the employee worked during the applicable period; or the employee’s regular rate of wages, as calculated or determined in accordance with any of subsections (3) to (6), is less than that minimum wage rate. For the purposes of subsections (3) to (5), vacation pay, holiday pay, pay for leave related to pregnancy loss, personal leave pay, pay for leave for victims of family violence, bereavement leave pay, overtime pay, medical leave of absence pay and pay received under section 146.5, subsection 205(2) or 251.12(5) or section 288 of the Act are not taken into account in the calculation of wages earned. In this section, 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 means an employee engaged in multi-employer employment; (employé) employer means the employer of an employee; (employeur) 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 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 means an association of employers designated by the Minister as a multi-employer unit. (groupe de plusieurs employeurs) When an employee of an employer who is a member of a multi-employer unit is entitled to wages for multi-employer employment, the employee is entitled to and shall be paid by the multi-employer unit an amount equal to their basic rate of wages multiplied by one twentieth of the hours, exclusive of overtime hours, that they worked in the four-week period immediately preceding the week in which a general holiday occurs. 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. 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. The Minister may by order designate an association of employers as a multi-employer unit for any port or ports if 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 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. For the purposes of subsections 177.1(1), 206.51(6), 206.6(2), 206.7(2.1), 206.8(1), 210(2), 230(1), 235(1) and 239(1.2), paragraph 240(1)(a) and subsection 247.5(1) of the Act, if an employee is engaged in multi-employer employment, that employee is deemed to be continuously employed. 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. The regular hourly rate of wages for the purposes of paragraph 174(1)(a) and subsections 174(4) and (5), 197(1) and 205(2) of the Act may be the rate agreed on under a collective agreement that is binding on the employer and the employee. For the purposes of subsection (1), the wages paid for work performed do not include vacation pay, holiday pay, pay for leave related to pregnancy loss, personal leave pay, pay for leave for victims of family violence, bereavement leave pay, medical leave of absence pay and overtime pay; and the number of hours required to perform the work does not include hours for which an overtime rate of wages has been paid. 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 for board, $0.50 for each meal; and for living quarters, $0.60 per day. 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 Head of Compliance and Enforcement. 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 Head of Compliance and Enforcement and such payment shall be deemed to be payment to the employee. Prior to paying the wages to the Head of Compliance and Enforcement 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. The Head of Compliance and Enforcement 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 Head of Compliance and Enforcement may authorize payments out of the Account to any employee whose wages are held therein. The Head of Compliance and Enforcement shall keep a record of receipts and disbursements from the Labour Standards Suspense Account. For the purposes of subsection 238.1(1) of the Act, the factors to consider in determining whether or not an expense is work-related are whether the expense is connected to the employee’s performance of work; whether the expense enables an employee to perform work; whether incurring the expense is required by the employer as a condition of employment or continued employment; whether the expense satisfies a requirement for the employee’s work imposed by an occupational health or safety standard; and whether the expense is incurred for a legitimate business purpose and not for personal use or enjoyment. For the purposes of subsection 238.1(1) of the Act, the factors to consider in determining whether or not an expense is reasonable are whether the expense is incurred to enable an employee to perform work; whether it is incurred at the request of the employer; whether any amount of expense is incurred beyond the amount necessary to enable the performance of the work; whether the expense is one that is normally reimbursed by employers in similar industries; whether the employer authorized the expense in advance; whether the expense is incurred by the employee in good faith; and whether the claim includes documentation, such as a receipt or invoice, that indicates that the expense was incurred. For the purposes of paragraph 238.1(3)(c) of the Act, the time limit for the employer to pay the employee any amount that is payable is 30 days after the day on which the employee submits the claim for payment. 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. Every employer shall keep, for at least three years after work is performed by an employee, the following information: the full name, address, Social Insurance Number, occupational classification and sex of the employee, and if the employee is under the age of 18 years, the age of the employee; 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; 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; the hours worked each day, except where the employee is excluded from the application of Division I of the Act by or under subsection 167(2) of the Act, or exempt from the application of sections 169 and 171 of the Act pursuant to regulations made under paragraph 175(1)(b) of the Act; the actual earnings, indicating the amounts paid each pay day and the amounts paid as overtime pay, vacation pay, holiday pay, pay for leave related to pregnancy loss, personal leave pay, pay for leave for victims of family violence, bereavement leave pay, medical leave of absence pay, termination pay and severance pay; the payments made each pay day after deductions, with clear details of the deductions made; with respect to annual vacations the dates of commencement and termination of each vacation period, if a vacation was interrupted under subsection 187.1(1) of the Act, the date of interruption, and if the employee resumed the vacation under subsection 187.1(7) of the Act, the date of resumption, and if a vacation was postponed under subsection 187.2(1) of the Act, the new dates of commencement and termination of that vacation; the year of employment in respect of which each annual vacation period was granted; any written notice of an interruption of a vacation or leave provided in accordance with subsection 187.1(6), 207.1(1) or 207.2(1) of the Act, as the case may be, and any written notice of resumption of a vacation or leave provided in accordance with subsection 187.1(7), 207.1(2) or 207.2(5) of the Act, as the case may be; 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); any written request made by an employee under section 184.1 of the Act and a record of the employer’s response to that request; 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; with respect to any leave granted to the employee under Division VII of the Act, the dates of commencement and termination, and of any interruption, of the leave, a copy of any notice concerning the leave or any interruption of the leave, and any documentation, including a copy of any certificate from a health care practitioner, that was provided by the employee in respect of the leave or interruption; 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; any holiday with pay granted to the employee under Division V of the Act, any notice of substitution of a general holiday required to be posted under section 195 of the Act and, in respect of employees not subject to a collective agreement, proof that the substitution was approved in accordance with subsection 195(2) of the Act; when hours of work are averaged under section 6, any notice concerning the averaging of hours of work, details of any reductions in the standard and maximum hours of work made under 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 or granted time off for overtime worked; the employer’s pay periods; a copy of any certificate provided in respect of medical breaks under subsection 181.1(2) of the Act and any request for the certificate made by the employer in accordance with that subsection, and any notice of termination of employment or intention to terminate employment given in accordance with Division IX or X of the Act; with respect to any period of bereavement leave granted to the employee under Division VIII of the Act, the date on which that period begins and its length, as well as any change in the length of the leave, and a copy of any notice provided by that employee in accordance with subsections 210(1.3) and (1.4) of the Act; proof of the approval referred to in paragraph 170(2)(b) or 172(2)(b) of the Act; every work schedule and modification of a work schedule that is provided in writing to an employee; every written notice given, written request made or written agreement entered into under Division I or I.1 of the Act; a record describing any situation that an employee had to deal with under subsection 169.1(2) of the Act; a record describing any situation that an employee had to deal with under subsection 169.2(2) of the Act; a record of any refusal by an employee made under subsection 173.01(2) of the Act; a record describing any situation that an employee had to deal with under subsection 173.01(3) of the Act; a record describing any situation that an employee had to deal with under subsection 173.1(2) of the Act; a record of any refusal by an employee made under section 174.1 of the Act; a record describing any situation that an employee had to deal with under subsection 174.1(3) of the Act; with respect to any paid leave granted to the employee under Division XIII of the Act, the dates of commencement and termination of the leave, the year of employment in respect of which the leave was earned, the number of days of leave carried over from a previous year, a copy of any written request made by an employer under subsection 239(2) of the Act, and a copy of any certificate submitted by the employee under subsection 239(2) of the Act; with respect to any leave without pay granted to the employee under Division XIII of the Act, a copy of any certificate submitted by the employee under subsection 239(2) of the Act; and with respect to leave granted under Division XV.2 of the Act to an employee who is a member of the reserve force, the dates of commencement and termination of the leave and of any interruption or postponement of that leave, a copy of any notice concerning the leave, a copy of any certificate from a health care practitioner submitted by the employee in respect of that leave, a copy of any document provided under section 247.7 of the Act, and a copy of any notice issued under subsection 247.8(1) or 247.95(2) of the Act. 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. 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: detailed reasons for an employee’s absence due to work-related illness or injury; a copy of any certificate of a health care practitioner indicating that the employee is fit to return to work; and 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. [Repealed, SOR/2014-305, s. 6] A certificate issued by a health care practitioner under subsection 181.1(2) of the Act shall set out, in addition to the information required by that subsection, the dates of commencement and termination of the period in which the breaks needed for medical reasons are to be taken. Where a permit is granted by the Head of Compliance and Enforcement under section 176 of the Act, the employer shall post copies of the permit. Every employer shall post notices containing the information set out in Schedule II. [Repealed, SOR/2025-240, s. 8] 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 the location at which the termination is to take place; the nature of the industry of the employer; 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 the reason for the termination of employment. For the purposes of Division IX of the Act, the following are designated as industrial establishments: 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 all branches, sections and other divisions listed in Schedule I. Every employer shall be exempt from the application of Division IX of the Act in respect of the termination of employment of employees employed on a seasonal basis; or 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. 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 the employee is absent from employment as a result of a lay-off that is not a termination under these Regulations; or the employer permits or condones the employee’s absence from employment. For the purposes of paragraph 240(3)(b) of the Act, the following circumstances are prescribed: the making of a complaint under subsection 240(1) of the Act, if a complaint that is based on substantially the same facts was previously made under subsection 246.1(1) or 247.99(1) of the Act in accordance with subsection 246.1(3) or 247.99(2) of the Act, as the case may be, and that complaint was withdrawn; and the making of a complaint under subsection 240(1) of the Act, if a complaint that is based on substantially the same facts of unjust dismissal was previously made under that subsection in accordance with subsection 240(2) of the Act and that complaint was withdrawn because it is incomplete or contains an error. For the purposes of paragraph 247.99(3)(b) of the Act, the following circumstances are prescribed: the making of a complaint under subsection 247.99(1) of the Act, if a complaint that is based on substantially the same facts was previously made under subsection 240(1) or 246.1(1) of the Act in accordance with subsection 240(2) or 246.1(3) of the Act, as the case may be, and that complaint was withdrawn; and the making of a complaint under subsection 247.99(1) of the Act, if a complaint that is based on substantially the same facts was previously made under that subsection in accordance with subsection 247.99(2) of the Act, and that complaint was withdrawn because it is incomplete or contains an error. A prescribed circumstance for the purposes of paragraph 251.01(3)(b) of the Act is the making of a complaint under subsection 251.01(1) of the Act, if a complaint that is based on substantially the same facts was previously made under that subsection in accordance with subsection 251.01(2) of the Act and that complaint was withdrawn because it is incomplete or contains an error. 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 the lay-off is a result of a strike or lockout; 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; the term of the lay-off is three months or less; the term of the lay-off is more than three months and the employer 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 recalls the employee to his employment in accordance with subparagraph (i); the term of the lay-off is more than three months and 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, 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, the employee receives supplementary unemployment benefits, or the employee would be entitled to supplementary unemployment benefits but is disqualified from receiving them pursuant to the Employment Insurance Act; or 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. [Repealed, SOR/2020-138, s. 1] 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. 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. 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. For the purposes of subsections (1) and (2), a complete week is one in which no general holiday occurs; no annual vacation is taken by the employee; and the employee was not absent from work for any other reason. 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. 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. For the purpose of subsection 210(1) of the Act, immediate family means, in respect of an employee, the employee’s spouse or common-law partner; the employee’s father and mother and the spouse or common-law partner of the father or mother; the employee’s children and the children of the employee’s spouse or common-law partner; the employee’s grandchildren; the employee’s brothers and sisters; the grandfather and grandmother of the employee; 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 any relative of the employee who resides permanently with the employee or with whom the employee permanently resides. 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. [Repealed, SOR/2020-226, s. 1] Modification — subsection 239(1.21) of the Act With respect to employers that base the calculation of the annual vacation of their employees on a year other than a calendar year, subsection 239(1.21) of the Act is modified as follows: Maximum of 10 days Subject to the regulations, an employee is entitled to earn up to 10 days of medical leave of absence with pay in a calendar year or in a year used by the employer to calculate the annual vacation of their employees. Modification — subsection 239(1.4) of the Act With respect to employers that base the calculation of the annual vacation of their employees on a year other than a calendar year and that use a year other than a calendar year to calculate the days of medical leave of absence with pay of their employees, subsection 239(1.4) of the Act is modified as follows: Annual carry forward Subject to the regulations, each day of medical leave of absence with pay that an employee does not take in the year used by the employer to calculate the annual vacation of their employees is to be carried forward to the first day of the following year and decreases, by one, the maximum number of days that can be earned in that year under subsection (1.21), as modified by subsection 33.1(1) of the Canada Labour Standards Regulations. The employer’s obligation under subsection 239.1(3) of the Act begins on the date that, according to a certificate from the health care 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. 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 a Head of Compliance and Enforcement 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. 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. Subject to subsection (2), for the purposes of subsections 251.001(4), 251.06(3), 251.1(3), 251.101(4) and 253(1) of the Act, the following constitutes other means of serving a document: sending the document by courier; sending the document by fax or other electronic means; or if the person to be served is an individual, leaving the document with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence. If a person cannot reasonably be served by any means listed in subsection (1) or by the means listed in subsection 251.001(4), 251.06(3), 251.1(3), 251.101(4) or 253(1) of the Act, as the case may be, the person may be served by leaving the document at the person’s last known address or place of business or, in the case of an individual, at the individual’s usual place of residence or workplace. For the purposes of subsections 251.001(5), 251.06(4), 251.1(4), 251.101(5) and 253(2) of the Act, the following constitutes other proof that the document has been sent or received: an acknowledgement of service signed by or on behalf of the person served, specifying the date and location of service; a certificate of service signed by the person who effected service of the document, stating that service was made on the person named in the certificate and indicating the means by which and day on which service was effected; a receipt issued by a courier setting out the date on which the document was sent; or a record of electronic transmission setting out the date and time of transmission. Service of the document is deemed to have been effected in the case of service by courier and in the absence of an acknowledgement of service or a certificate of service, on the seventh day after the day on which the document was sent, as indicated on the receipt issued by the courier; or in the case of service by fax or other electronic means, despite sections 2 and 3 of the Electronic Documents and Electronic Information Regulations, on the day on which the document is sent, as indicated on the record of electronic transmission.
Part document.segment-2
Canada Labour Standards Regulations — segment 2
- document.segment-2 Verify source ↗
Canada Labour Standards Regulations — segment 2
The provision defines several employee status terms and requires advance posting or notice for modified work schedules and averaging of hours of work.
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 General Manager International Commercial Montreal, Quebec 150 Henry Avenue Winnipeg, Manitoba Engineering Safety & Regulatory Affairs Supply Services Training Human Resources Administration General Yard Office Alyth Yard Service Area Manager Field Operations Mechanical Transportation Port Coquitlam Operation Port Coquitlam, British Columbia Manitoba Service Area Winnipeg Operation Manager Road Operations Manager Yard Operations Brandon Operation Brandon, Manitoba Northern Ontario Service Area Thunder Bay Operation Thunder Bay, Ontario Safety and Regulatory Affairs Southern Ontario Service Area Sudbury Operation Sudbury, Ontario Kenora Operation Kenora, Ontario Schreiber Operation Schreiber, Ontario Chapleau Operation Chapleau, Ontario Grain Office General Manager Customer Service Team Director Saskatchewan Service Area Moose Jaw Operation Moose Jaw, Saskatchewan Manager Yard and Road Operations Saskatoon Operation Saskatoon, Saskatchewan Alberta Service Area Lethbridge Operation Medicine Hat Operation Medicine Hat, Alberta Edmonton Operation Edmonton, Alberta Engineering Building BC Interior Service Area Revelstoke Operation Revelstoke, British Columbia Vancouver Service Area Manager Road and Yard Operations Consolidated Fastfrate Environmental Affairs Chemetron Railway Products Surrey Welding Plant Surrey, British Columbia Kootenay Valley Railway Operation Nelson, British Columbia Manager Kamloops Operation Kamloops, British Columbia Cranbrook Operation Cranbrook, British Columbia Roberts Bank Operation Finance and Accounting Offices 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 Accounting Service Centre 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 Freight Claims Toronto, Ontario Central Parkway Mississauga, Ontario Business Development Planning and Information Department Finance Expressway Intermodal East Lachine Terminal Lachine, Quebec Terminal Manager Vaughan Terminal Kleinburg, Ontario Director Intermodal Operations East Obico Container Terminal Etobicoke, Ontario Intermodal West Thunder Bay Terminal Dryden Terminal Dryden, Ontario Winnipeg Terminal Regina Terminal Regina, Saskatchewan Saskatoon Terminal Terminal Supervisor Calgary Terminal Edmonton Terminal Vancouver Intermodal Facility Coquitlam, British Columbia Progress Rail Winnipeg Car Shop Winnipeg Locomotive Shop Logan Work Equipment Repair Shop Shop Manager Chemetron Railway Products Transcona Welding Facility Alstom Shops Alyth Diesel Shop Process Manager Alyth Car Shop Lethbridge, Alberta Golden, British Columbia Yard Manager Coquitlam Locomotive Facility Coquitlam Car Facility Production Manager Eastern Region Superintendent Sergeant Western Region Vancouver, British Columbia Inspector Granville Square Real Estate Windsor Station Vice President Expressway Regional Manager Real Estate Director Communications and Public Affairs Manager Facilities East Manager Facility and Leasing General Manager Network Management Centre Commercial Development Legal Services Engineering Services Mechanical Services Manager Track Programs Manager Signals and Communication Montreal Service Area Smiths Falls, Ontario Car Shop Diesel Shop London, Ontario Windsor, Ontario 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 Atlantic Operating Region, Moncton, New Brunswick Regional Vice-President 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 St. Lawrence Operating Region, Montreal, Quebec Manager, Customer Research Services Great Lakes Operating Region, Toronto, Ontario Prairie Operating Region, Winnipeg, Manitoba Mountain Operating Region, Edmonton, Alberta 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 Maritime Operating Area, Moncton, New Brunswick Chaleur Operating Area, Campbellton, New Brunswick Quebec Operating Area, Quebec City, Quebec Montreal Operating Area, Montreal, Quebec Champlain Operating Area, Montreal, Quebec Rideau Operating Area, Belleville, Ontario Toronto Operating Area, Toronto, Ontario South Western Ontario Operating Area, London, Ontario Northern Ontario Operating Area, Capreol, Ontario Assiniboine-Lakehead Operating Area, Winnipeg, Manitoba Hudson Bay Operating Area, Dauphin, Manitoba Saskatchewan Operating Area, Saskatoon, Saskatchewan Alberta Operating Area, Edmonton, Alberta British Columbia Operating Area, Vancouver, British Columbia CN Headquarters Telecommunications, Toronto, Ontario Purchases and Stores Department — System Purchasing and Stores — Atlantic Region Purchasing Agent Regional Manager — Materials Purchasing and Stores — St. Lawrence Region Purchasing and Stores — Great Lakes Region Purchasing and Stores — Prairie Region Purchasing and Stores — Mountain Region Main Equipment Shops — Montreal, Quebec General Works Manager Works Manager Assistant Works Manager — Car Assistant Works Manager — Motive Power Main Equipment Shops — Winnipeg, Manitoba Accounting System Vice-President Accounting and Finance, Montreal, Quebec Region Regional Comptroller Corporate Headquarters 2 Place Ville-Marie 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 VIA Quebec (includes Ottawa, Ontario) Transportation (including Running Trades) VIA Atlantic — Nova Scotia, New Brunswick and Prince Edward Island VIA Ontario (excludes Ottawa, Ontario) VIA West — Thunder Bay and West of Thunder Bay Maintenance — Halifax Halifax Maintenance Centre Equipment Maintenance Department Line points — Gaspé and Matapedia Maintenance — Montreal Montreal Maintenance Centre Line points — Mont-Joli, Quebec City and Ottawa Maintenance — Toronto Toronto Maintenance Centre Line points — Windsor, Sarnia, London and Union Station Maintenance — Winnipeg Winnipeg Maintenance Centre Line points — The Pas, Manitoba and Churchill, Manitoba Maintenance — Vancouver Vancouver Maintenance Centre Line points — Prince Rupert, British Columbia and Jasper, Alberta Chairman 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 Marketing and Sales Sales & Service; Cargo — Eastern Region (Quebec and East, including Ottawa) Sales & Service; Cargo — Central Region (Ontario up to Thunder Bay) Sales & Service; Cargo — Western Region (Thunder Bay and West) Sales & Service/Passenger — Eastern Region (Quebec and East including Ottawa) Sales & Service/Passenger — Central Region (Ontario up to Thunder Bay) Sales & Service/Passenger — Western Region (Thunder Bay and West) Maintenance — Montreal, Halifax, Quebec City, Ottawa Maintenance — Vancouver, Calgary, Edmonton Bell Canada Ontario Region Centre – Area Code 416 (Toronto Excluded) Craft Employees (CEP) Clerical & Associated Employees and Sales (CTEA) Management Employees Metro Toronto – Area Code 416 South West – Area Code 519 East – Area Code 613 North – Area Codes 705 & 807 Centre – Area Code 905 Ontario Region (Quebec — Operational Groups) All Area Codes Craft & Operator Services Employees (CEP) Corporate Centre Centre – Area Code 416 (Toronto Included) Clerical & Associated Employees (CTEA) South West, East and Centre – Area Codes 519, 613 & 905 Network Operations Quebec Region (Ontario — Operational Groups) Quebec Region East – West – North – Area Codes 819 & 418 Metro (Montreal Excluded) – Area Code 450 Montreal – Area Code 514 Clerical Employees (CTEA) Calgary Vancouver 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 Maximum hours of work Weekly day of rest Notice of work schedule Notice of shift changes Overtime pay or time off Right to refuse overtime Right to request flexible work arrangements Minimum wages Equal wages Annual vacations General holidays Multi-employer employment Maternity-related reassignment and leave Maternity leave Parental leave Compassionate care leave Leave related to critical illness Leave related to death or disappearance Leave related to pregnancy loss Personal leave Leave for victims of family violence Leave for traditional Aboriginal practices Bereavement leave Sick leave Work-related illness and injury Leave of absence for members of the reserve force Group termination of employment Individual termination of employment Severance pay Unjust dismissal Long-term disability plans Genetic testing Garnishment of wages Payment of wages For more information concerning these provisions, please contact your nearest Labour Program office of the Department of Employment and Social Development or visit the following website: https://www.canada.ca/en/employment-social-development/programs/employment-standards/federal-standards.html All inquiries will be treated confidentially. Name of employer: An identification of the affected employee or employees: Address or location of workplace: Hours of work in each work day: In each work week : (The number of hours in a work day and in a work week may be specified by attaching the work schedule of the affected employee or employees.) Number of work days in the work schedule: Number of weeks in the work schedule: Number of days of rest in the work schedule: Where one or more general holidays occur in a week, the weekly standard hours shall be reduced by: [Repealed, SOR/2014-305, s. 12] The maximum number of hours that may be worked: in a week in a work schedule The method of calculating holiday pay is: Date the work schedule comes into effect: / / Date the work schedule expires: / / Date the notice was posted: / / Note: 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. This work schedule is posted in accordance with subsections 170(2) and (3) and 172(2) and (3) of the Canada Labour Code. These provisions require that notice of the proposed work schedule be posted for at least 30 days prior to its coming into effect and that the affected employee or at least 70% of affected employees, as the case may be, approve the schedule. Section 5 of the Canada Labour Standards Regulations requires that details of the modified work schedule be posted and kept posted as long as the work schedule is in effect. Number of weeks in the averaging period: 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: Reasons for the length of the averaging period: Date the averaging of hours of work comes into effect: / / Date the averaging of hours of work ends: / / Date the notice was posted: / / This notice is posted in accordance with section 6 of the Canada Labour Standards Regulations, which requires that the employer notify the affected employee or employees of details of the averaging of hours of work at least 30 days before the averaging takes effect and that the information contained in this notice remain posted for the duration of the averaging of hours of work. Schedule II to the Regulations is amended by adding the following after “Maternity leave”: Leave for placement of child The Canada Labour Standards Regulations1 are amended by adding the following after section 11.1: C.R.C., c. 986; SOR/2019-168, s. 1 full-time, in respect of an employee, means that the employee is considered to be full-time under the terms of the collective agreement that applies to them or, in the absence of such an agreement, of their contract of employment. However, if the collective agreement or contract of employment, as the case may be, does not address the issue, it means that the employee is considered to be full-time under the terms of a policy of their employer that has been communicated to them; or if paragraph (a) does not apply, that the employee is scheduled to work an average of 30 or more hours per week, if they are subject to an averaging plan under subsection 169(2) or 171(2) of the Act or a modified work schedule under section 170 or 172 of the Act, or usually works 30 or more hours per week, if they are not subject to such a plan or schedule. (à temps plein) part-time, in respect of an employee, means that they are not full-time. (à temps partiel) permanent, in respect of an employee, means that their contract of employment provides that they are employed for an indeterminate period. (permanent) temporary, in respect of an employee, means that their contract of employment provides that they are employed for a fixed term or on a seasonal, casual or irregular basis. (temporaire) For the purposes of subparagraph (b)(i) of the definition full-time in subsection (1), the average number of hours of work per week is the total number of hours scheduled under the averaging plan or modified work schedule, as the case may be, divided by the number of weeks in the plan or schedule. The following definitions apply for the purposes of Division III of the Act. employment status means an employee’s status as a full-time, part-time, permanent or temporary employee. (situation d’emploi) system means a system that applies to all employees whose rates of wages are comparable by reason of subsection 182.1(1) of the Act; and whose particulars have been communicated to those employees in writing or are readily available for examination by them. (régime) For the purposes of Division III of the Act, all branches, sections and other divisions of federal works, undertakings and businesses that are located in a region established under paragraph 54(w) of the Employment Insurance Act are designated as industrial establishments. For the purposes of paragraph 182.1(1)(a) of the Act, if an employer has more than one industrial establishment, an employee is considered to work in the industrial establishment in which the employee most often reports for work in person; in the case of an employee whose main duty is the transportation of goods or passengers by motor vehicle, or an employee who works on board trains, aircraft or ships, in the industrial establishment in which the employee’s home terminal, station, base or port is located; or in the case of an employee who is subject to a remote work agreement that provides that all hours be worked remotely, in the industrial establishment in which the employee most often reported for work in person before the remote work agreement took effect, if the nature of their duties and of those carried out in that industrial establishment has not since changed, or if subparagraph (i) does not apply or is not determinative of where the employee is considered to work, in the industrial establishment in which the employee would report for work in person if there were no remote work agreement, as determined using the following indicators: the industrial establishment in which the employee would attend meetings in person, the industrial establishment where the employee would report in person to receive work-related documents or material or associated instructions or assistance, the industrial establishment where the employee would report in person to receive instructions regarding their duties, the industrial establishment in which the employee’s supervisor reports for work in person or would report for work in person but for their own remote work agreement, and the industrial establishment in which the employee would report for work in person based on the nature of their duties. For the purposes of paragraph 182.1(1)(e) of the Act, it is a factor that the employees’ wages for the performance of a job function are calculated using the same type of rate of wages, such as a rate based on time; a mileage rate; a piece rate; a per load rate; or a commission rate. For the purposes of paragraph 182.1(2)(d) of the Act, the criteria are the maintenance of an employee’s rate of wages following their reclassification or demotion to a position that has a lower rate of wages until the rate for the position is greater than the rate payable to the employee immediately before the reclassification or demotion; the increase in rates of wages due to difficulty, during a shortage of skilled workers, in recruiting or retaining employees with the requisite skills for certain positions; the geographic area in which an employee works; the geographic area in which an employee who is on travel status works; and the fact that an employee who is on travel status is paid a rate of wages that is different than the rate paid to an employee doing the same work who is not on travel status. The Regulations are amended by adding the following after section 16: For the purposes of Division VI.1 of the Act, system means a client’s system, as defined in subsection 11.2(3) of these Regulations, whose particulars have been communicated in writing to an employee who performs a work assignment for the client or are readily available for examination by that employee. For the purposes of Division VI.1 of the Act, all branches, sections and other divisions of federal works, undertakings and businesses that are located in a region established under paragraph 54(w) of the Employment Insurance Act are designated as industrial establishments. For the purposes of paragraph 203.2(1)(a) of the Act, if a client has more than one industrial establishment, an employee is considered to work For the purposes of paragraph 203.2(1)(e) of the Act, it is a factor that the employees’ wages for the performance of a job function are calculated using the same type of rate of wages, such as For the purposes of paragraph 203.2(2)(d) of the Act, the criteria are Subsection 24(2) of the Regulations is amended by adding the following after paragraph (f): a record describing any system referred to in subsection 182.1(2) or 203.2(2) of the Act on the basis of which the employee is paid a rate of wages that is less than the rate paid to another employee; any written request for review made by the employee under subsection 182.2(1) or 203.3(1) of the Act and a copy of the employer’s written response to that request; in the case of an employer who is a temporary help agency, a record of each client for whom the employee performs a work assignment and the dates of commencement and termination of the assignment; Schedule II to the Regulations is amended by replacing “Equal wages” with “Equal treatment”. Schedule II to the Regulations is amended by adding the following after “Multi-employer employment”: Temporary help agencies Schedule II to the Regulations is amended by replacing “Sick leave” with “Medical leave”. Schedule II to the Regulations is amended by replacing “https://www.canada.ca/en/employment-social-development/programs/employment-standards/federal-standards.html” with “https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards.html”.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Canada Labour Standards Regulations
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.