Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Annual report of Board

• 121. (1) The Board shall, on or before January 31 next following the end of each fiscal year, submit to the Minister a report on the activities of the Board during the immediately preceding fiscal year and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

• (2) [Repealed, 1996, c. 11, s. 65]

Marginal note:Provincial Crown corporations

121.1 The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

Marginal note:Exclusion from application

• 121.2 (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any of the provisions of this Part any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

• Marginal note:Regulations

  (2) On the recommendation of the Minister, the Governor in Council may make regulations respecting any matter relating to industrial relations, including the prevention of a work stoppage or the continuation or resumption of operations, in relation to employment that is subject to a regulation made pursuant to subsection (1).

• Marginal note:Incorporation of provincial law

  (3) A regulation made under subsection (2) incorporating by reference, in whole or in part, an Act of the legislature of a province or an instrument made under such an Act may incorporate the Act or instrument as amended to a certain date or from time to time.

• Marginal note:Application of regulation

  (4) A regulation made under subsection (2) may apply

  • (a) generally, with respect to all employment that is subject to a regulation made pursuant to subsection (1); or

  • (b) to any class or classes of employment that are subject to a regulation made pursuant to subsection (1).

• Marginal note:Administration and enforcement

  (5) A regulation made under subsection (2) incorporating an Act or instrument shall, after consultation by the Minister with the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration and enforcement of the Act or instrument.

• Marginal note:Offence and penalty

  (6) Subject to subsection (7), every person who contravenes a regulation made under subsection (2) by contravening a provision of an Act of the legislature of a province that, or an instrument made under such an Act that, is incorporated by the regulation is guilty of an offence against this Act and liable to the same punishment as is imposed by or under an Act of that legislature for the contravention of that provision.

• Marginal note:Defence

  (7) No person may be convicted of an offence or subjected to a punishment for a contravention described in subsection (6) unless it is proved that, at the time of the alleged contravention,

  • (a) the incorporated Act or instrument was reasonably accessible to the person;

  • (b) reasonable steps had been taken to ensure that the incorporated Act or instrument was accessible to persons likely to be affected by the regulation; or

  • (c) the incorporated Act or instrument had been published in the official gazette of the province or as otherwise authorized by the legislature of the province.

• Marginal note:Procedure

  (8) The prosecution of a contravention described in subsection (6) shall be commenced by the attorney general of the province in which the offence was committed.