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Employment under the Canada Labour Code

Posted by Graeme Maitland — filed in Employment Law

Canada is a federation where power is divided between the Federal government and the various Provincial governments.  To ensure things run smoothly across the country, the Federal government is given jurisdiction over certain industries to ensure that services are standardized and regulated uniformly.  But this means that some jobs are not covered by provincial employment standards regulations.  Instead, jobs under the Federal government’s jurisdiction are covered by the Canada Labour Code.

What is the Canada Labour Code and who does it cover?

The Canada Labour Code is the Federal employment standards code.  It provides things like rules around Occupational Health and Safety, standard hours, wages, vacations and holidays, and much more.

The Canada Labour Code only applies to specific work carried out in Canada that falls under the jurisdiction of the Federal government.  This includes obvious things like working for the government or a Crown Corporation (e.g the CBC), but also includes private industries governed by federal legislation.  This includes any transportation of people or things across provincial boarders by road, rail, air, or boat and it includes all banks.  It also covers the telecommunications industry.

What is not covered are internal transportation industries (e.g. Calgary Transit) or Treasury Branches (e.g. ATB) as those fall under Provincial jurisdiction.

What’s different from the Alberta Employment Standards Code?

The short answer is “a lot.” The Canada Labour Code not only has different rules regarding vacations, termination, and other employment standards, it also has a special body dedicated to resolving disputes.  This is the Canada Industrial Relations Board and it exists to rule specifically on Industrial Relations (mostly issues involving trade unions) and some elements of the Canada Labour Code’s Occupational Health and Safety rules.

One of the biggest differences under the Canada Labour Code is its provisions towards wrongfully dismissal for non-union employees.  Complaints must be made within ninety days from dismissal.  This complaint can be directed to an adjudicator with no leave to appeal to a court.  This is much different from the rules under the Employment Standards Code in Alberta.

If you have questions about if you are covered under the Canada Labour Code, or require legal assistance about your employment in a federally regulated industry, speak to one of the lawyers at Aarbo Fuldauer LLP in Calgary.

Address: 3rd Floor, 1131 Kensington Road NW, Calgary, AB, T2N 3P4

Phone: (403) 571-5120

Email: [email protected]

The information in the blog is not legal advice. Do not treat or rely upon it as legal advice.  If you require legal assistance, please contact a lawyer
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