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

Act current to 2013-04-29 and last amended on 2013-01-01. Previous Versions

Division III

Equal Wages

Marginal note:Application of sections
  •  (1) For the purposes of ascertaining whether a discriminatory practice under section 11 of the Canadian Human Rights Act is being or has been engaged in, sections 249, 250, 252, 253, 254, 255 and 264 apply, with such modifications as the circumstances require, as if this Part expressly required an employer to refrain from that discriminatory practice.

  • Marginal note:Report to Commission

    (2) Where an inspector has reasonable grounds at any time for believing that an employer is engaging or has engaged in a discriminatory practice described in subsection (1), the inspector may notify the Canadian Human Rights Commission or file a complaint with that Commission under section 40 of the Canadian Human Rights Act.

  • R.S., c. 17(2nd Supp), s. 9;
  • 1976-77, c. 33, s. 66.

Division IV

Annual Vacations

Marginal note:Definitions

 In this Division,

“vacation pay”

« indemnité de congé annuel »

“vacation pay” means four per cent or, after six consecutive years of employment by one employer, six per cent of the wages of an employee during the year of employment in respect of which the employee is entitled to the vacation;

“year of employment”

« année de service »

“year of employment” means continuous employment of an employee by one employer

  • (a) for a period of twelve consecutive months beginning with the date the employment began or any subsequent anniversary date thereafter, or

  • (b) for a calendar year or other year determined by the employer, in accordance with the regulations, in relation to an industrial establishment.

  • R.S., 1985, c. L-2, s. 183;
  • 1993, c. 42, s. 19.
Marginal note:Annual vacation with pay

 Except as otherwise provided by or under this Division, every employee is entitled to and shall be granted a vacation of at least two weeks with vacation pay and, after six consecutive years of employment by one employer, at least three weeks with vacation pay in respect of every year of employment by that employer.

  • R.S., c. L-1, s. 40;
  • R.S., c. 17(2nd Supp.), s. 10;
  • 1976-77, c. 28, s. 49;
  • 1977-78, c. 27, s. 11;
  • 1980-81-82-83, c. 47, s. 53(F).
Marginal note:Granting vacation with pay

 The employer of an employee who under this Division has become entitled to a vacation with vacation pay

  • (a) shall grant to the employee the vacation to which the employee is entitled, which shall begin not later than ten months immediately following the completion of the year of employment for which the employee became entitled to the vacation; and

  • (b) shall, at such time as is prescribed by the regulations, pay to the employee the vacation pay to which the employee is entitled in respect of that vacation.

  • R.S., c. L-1, s. 41;
  • R.S., c. 17(2nd Supp.), s. 11;
  • 1976-77, c. 28, s. 49(F).