Canada Labour Code

Marginal note:Complaint to Board

• 246.1 (1) Any employee may make a complaint in writing to the Board if they believe that their employer has taken any of the following reprisals against them:

  • (a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4) or 177.1(7) or of section 208, 209.3, 238, 239, 239.1 or 247.96;

  • (a.1) [Repealed, 2021, c. 26, s. 25]

  • (b) dismissing, suspending, laying off, or demoting the employee, imposing a financial or other penalty on the employee, or otherwise taking any disciplinary action against the employee, because the employee

    • (i) has made a complaint under this Part, other than a complaint under section 240,

    • (ii) has provided information regarding the wages, hours of work, annual vacation or conditions of work of any employee to the Head or provided any other assistance to the Minister or the Head in the exercise or performance of the Minister’s or the Head’s powers, duties and functions under this Part

    • (ii.1) has provided information regarding the wages, hours of work, annual vacation or conditions of work of any employee or provided any other assistance to an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsections 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part,

    • (iii) has testified or is about to testify in a proceeding taken or an inquiry held under this Part, or

    • (iv) has exercised, or sought to exercise, any right conferred on the employee by this Part;

  • (c) taking into account the fact that the employee has taken any of the actions referred to in subparagraphs (b)(i) to (iv) in any decision with respect to the promotion or training of the employee; or

  • (d) threatening to take any of the reprisals referred to in paragraph (b) or (c).

• Marginal note:For greater certainty

  (1.1) For greater certainty, the fact that an employer complies with Divisions X and XI does not

  • (a) affect the employee’s rights under this Division; or

  • (b) prevent the Board from deciding under section 246.4 that the employer has taken a reprisal against them or from making any order under that section, including a reinstatement order.

• Marginal note:Limitation

  (2) An employee shall not make a complaint under subsection (1) if they have made a complaint that is based on substantially the same facts under either subsection 240(1) or 247.99(1), unless that complaint has been withdrawn.

• Marginal note:Time for making complaint

  (3) A complaint referred to in subsection (1) shall be made to the Board not later than 90 days after the day on which the employee knew or, in the Board’s opinion, ought to have known of the action or circumstances giving rise to the complaint.

• Marginal note:Burden of proof

  (4) A complaint made under subsection (1) is itself evidence that the reprisal was actually taken and, if a party to the complaint proceedings alleges that the reprisal was not taken, the burden of proof is on that party.