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Canada Labour Standards Regulations

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Canada Labour Standards Regulations

C.R.C., c. 986CANADA 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 BusinessesShort Title

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

Interpretation

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Director[Repealed, SOR/94-668, s. 2]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

3 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

4 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.

5 (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

6 (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).

7 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

8 (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.



9 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]

10 (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.

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.

(3) [Repealed, SOR/99-337, s. 1]
(4) [Repealed, SOR/91-461, s. 10]

Apprenticeship

11 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

11.1 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

12 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.

13 (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);
SOR/2014-305, s. 1(F).

Previous Version

14 (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

15 (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.

16 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

17 For the purposes of subsection 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 hours for the 20 days the employee has worked immediately preceding 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;
SOR/2014-305, s. 2.

Previous Version

18 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

(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;
SOR/2014-305, s. 3.

Previous Version

Multi-employer Employment

[SOR/91-461, s. 17]

19 (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, 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.
(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 paragraph 206(1)(a), subsections 206.1(1), 206.4(2), 206.5(2) and (3), 210(2), 230(1) and 235(1), paragraphs 239(1)(a) and 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.

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;
SOR/2014-305, s. 4.

Previous Version

Determination of Hourly Rate of Wages

20 (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 section 174 and subsections 197(1) and (3) 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.

(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;
SOR/2014-305, s. 5.

Previous Version

Board, Living Quarters and other Remuneration

21 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.

22 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

23 (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

24 (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) with respect to any leave granted to the employee under Division VII of the Act,

(i) the dates of commencement and termination, and of any interruption, of the leave,
(ii) a copy of any notice concerning the leave or any interruption of the leave, and
(iii) a copy of any medical certificate submitted by the employee in respect of the leave or interruption;

(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) 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 established under 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) [Repealed, SOR/2014-305, s. 6]

SOR/78-560, s. 4;
SOR/91-461, s. 21;
SOR/94-668, s. 7;
SOR/2009-194, s. 2;
SOR/2014-305, s. 6.

Previous Version

Notices to Be Posted

25 (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]
26 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)]
27 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)]
28 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]
29 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.

Previous Version

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

[SOR/91-461, s. 30(F)]

30 (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.

Previous Version

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

[SOR/91-461, s. 32(F)]

31 (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.

32 (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

33 (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

34 (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 I Canadian Pacific Limited

Industrial Establishments


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

Police Services

Safety & Regulatory Affairs

Supply Services

Training

Human Resources

Administration


General Yard Office

Alyth Yard

Calgary, Alberta

Service Area Manager

Field Operations

Service Area Manager

Mechanical

Safety & Regulatory Affairs

Transportation

Administration


General Yard Office

Port Coquitlam Operation

Port Coquitlam, British Columbia

Service Area Manager

Field Operations

Mechanical

Safety & Regulatory Affairs

Commercial

Administration


Manitoba Service Area

Winnipeg Operation

Winnipeg, Manitoba

Service Area Manager

Manager Road Operations

Manager Yard Operations

Field Operations

Mechanical

Engineering


Manitoba Service Area

Brandon Operation

Brandon, Manitoba

Manager Road Operations

Field Operations

Mechanical

Engineering


Northern Ontario Service Area

Thunder Bay Operation

Thunder Bay, Ontario

Manager Road Operations

Field Operations

Mechanical

Engineering

Safety and Regulatory Affairs

Commercial


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 II Canadian National Railway Company

Industrial Establishments


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

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


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


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


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


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


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

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


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 III Via Rail Canada Inc.

Industrial Establishments


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


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)


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)


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)


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)


Maintenance — Halifax

Halifax Maintenance Centre

Equipment Maintenance Department

Line points — Gaspé and Matapedia


Maintenance — Montreal

Montreal Maintenance Centre

Equipment Maintenance Department

Line points — Mont-Joli, Quebec City and Ottawa


Maintenance — Toronto

Toronto Maintenance Centre

Equipment Maintenance Department

Line points — Windsor, Sarnia, London and Union Station


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 IV Air Canada

Industrial Establishments


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


Finance


Marketing and Sales


In-Flight Service


Flight Operations


Information Services


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)

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 V [Repealed, SOR/2014-305, s. 10]

PART VI Bell Canada

Industrial Establishments


Bell Canada

Ontario Region

Centre – Area Code 416 (Toronto Excluded)

Craft Employees (CEP)


Bell Canada

Ontario Region

Centre – Area Code 416 (Toronto Excluded)

Clerical & Associated Employees and Sales (CTEA)


Bell Canada

Ontario Region

Centre – Area Code 416 (Toronto Excluded)

Management Employees


Bell Canada

Ontario Region

Metro Toronto – Area Code 416

Craft Employees (CEP)


Bell Canada

Ontario Region

Metro Toronto – Area Code 416

Clerical & Associated Employees and Sales (CTEA)


Bell Canada

Ontario Region

Metro Toronto – Area Code 416

Management Employees


Bell Canada

Ontario Region

South West – Area Code 519

Craft Employees (CEP)


Bell Canada

Ontario Region

South West – Area Code 519

Clerical & Associated Employees and Sales (CTEA)


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;
SOR/2014-305, ss. 7, 8(F), 9(F), 10.

Previous Version

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

Leave related to critical illness

Unjust dismissal

Leave related to death or disappearance

Garnishment of wages

Group termination of employment

Severance pay

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 Employment and Social 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;
2013, c. 40, s. 237;
SOR/2014-305, s. 11.

Previous Version

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

(a) 
Name of employer:

(b) 
An identification of the affected employees:

(c) 
Address or location of workplace:

(d) 
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 employees.)

(e) 
Number of work days in the work schedule:

(f) 
Number of weeks in the work schedule:

(g) 
Number of days of rest in the work schedule:

(h) 
Where one or more general holidays occur in a week, the weekly standard hours shall be reduced by:

(i) 
[Repealed, SOR/2014-305, s. 12]

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

in a week
in a work schedule

(k) 
The method of calculating general holiday pay is:

(l) 
Date the work schedule comes into effect: / /

(m) 
Date the work schedule expires: / /

(n) 
Date the notice was posted: / /

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 sections 170 and 172 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;
SOR/2014-305, ss. 12, 13.

Previous Version

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

(a) 
Name of employer:

(b) 
An identification of the affected employees:

(c) 
Address or location of workplace:

(d) 
Number of weeks in the averaging period:

(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:  /  / 

(h) 
Date the averaging of hours of work ends: / /

(i) 
Date the notice was posted: / /

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]