PART III — Standard Hours, Wages, Vacations and Holidays

Application

167Application of Part history

(1)

This Part applies

(a)

to employment in or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut;

(b)

to and in respect of employees who are employed in or in connection with any federal work, undertaking or business described in paragraph (a);

(c)

to and in respect of any employers of the employees described in paragraph (b);

(d)

to and in respect of any corporation established to perform any function or duty on behalf of the Government of Canada other than a department as defined in the Financial Administration Act; and

(e)

to or in respect of any Canadian carrier, as defined in section 2 of the Telecommunications Act, that is an agent of Her Majesty in right of a province.

Application to other persons

(1.1)

Subject to subsection (1.2), this Part applies to any person who is not an employee but who performs for an employer to which this Part applies activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of this Part must be read accordingly.

Exception

(1.2)

Except to the extent provided for in the regulations, this Part does not apply to a person referred to in subsection (1.1) or, in relation to the person, the employer, if the person performs the activities to fulfil the requirements of a program that is offered by a secondary or post-secondary educational institution, vocational school, or equivalent educational institution outside Canada, specified or described in the regulations.

Non-application of Division I to certain employees

(2)

Division I does not apply to or in respect of employees who

(a)

are managers or superintendents or exercise management functions; or

(b)

are members of such professions as may be designated by regulation as professions to which Division I does not apply.

Non-application of Division XIV to managers

(3)

Division XIV does not apply to or in respect of employees who are managers.

R.S., 1985, c. L-2, s. 167; R.S., 1985, c. 9 (1st Supp.), s. 5; 1993, c. 28, s. 78, c. 38, s. 90; 2002, c. 7, s. 98(E); 2015, c. 36, s. 89; 2017, c. 33, s. 217

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167.01Presumption history

(1)

A person who is paid remuneration by an employer is presumed to be their employee unless the contrary is proved by the employer.

Exception

(2)

The presumption does not apply for the purposes of a prosecution under this Part.

2024, c. 17, s. 242

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167.1Prohibition history

An employer is prohibited from treating an employee as if they were not their employee.

2018, c. 27, s. 443; 2024, c. 17, s. 242

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167.2Burden of proof history

If, in any proceeding under this Part other than a prosecution, or in any proceeding under Part IV in respect of a violation that is related to this Part, an employer alleges that a person is not their employee, the burden of proof is on the employer.

2018, c. 27, s. 443; 2024, c. 17, s. 242

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168Saving more favourable benefits history

(1)

This Part and all regulations made under this Part apply notwithstanding any other law or any custom, contract or arrangement, but nothing in this Part shall be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable to the employee than his rights or benefits under this Part.

Where collective agreement applies exclusively

(1.1)

Divisions II, IV, V and VIII do not apply to an employer and employees who are parties to a collective agreement that confers on employees rights and benefits at least as favourable as those conferred by those respective Divisions in respect of length of leave, rates of pay and qualifying periods for benefits, and, in respect of employees to whom the third party settlement provisions of such a collective agreement apply, the settlement of disagreements relating to those matters is governed exclusively by the collective agreement.

Sunday

(2)

Nothing in this Part authorizes the doing of any work on Sunday that is prohibited by law.

R.S., 1985, c. L-2, s. 168; 1993, c. 42, s. 13

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168.1 history

[Repealed, L-2, s. 168.1]

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