Product details

Publisher: 
Carswell
Practice area: 
Labor & employment
Jurisdiction: 
Canada
Publication date: 
2021-02-26
Carswell

The 2021 Annotated Canada Labour Code + Supplement (Print + ProView)

Availability: Partial Stock

"Ron Snyder's Annotated Canada Labour Code...has become an essential reference tool for all labour relations practitioners who work in the federally-regulated sectors" Ginette Brazeau, Chairperson, Canada Industrial Relations Board

This treatise, now in its 29th year of publication, sets out the most recent statutory and regulatory amendments to the Canada Labour Code and includes all newly rendered case law to assist in the interpretation and application of the Code's legislative Parts. This treatise also references jurisprudence applicable to the Code's subordinate C.I.R.B. Regulations.

This 2021 Edition digests 67 new decisions that have been rendered by the C.I.R.B., the O.S.H. Appeal Board, adjudicators, referees and the courts since the publication of last year's edition, resulting in updates to approximately 74 areas of this Treatise.

Highlights for this edition

  • Part I of the Code includes a discussion of whether a failure to order a representation vote constitutes a Charter violation; further important clarification of the test of whether a company is vital, essential and integral to a Federal enterprise's operations; and the scope of issues that may be determined by an arbitrator in respect of a disagreement referred pursuant to s. 36.1.
  • Part II is of particular interest this year as it introduces, for the first time, a definition of harassment and workplace violence and broadens the employer's responsibilities around such conduct. The associated harassment and workplace violence regulation, in force January 1, 2021, is both comprehensive and weighty. Case law under Part II includes the Supreme Court of Canada's clarification as to what constitutes "control" of a workplace by an employer; the scope of a Minister's powers in respect of Part II contraventions; and the ambit of prohibited retaliatory conduct by an employer.
  • Part III provides further insight into the essential elements necessary to characterize an employee as a 'manager'; an affirmation of an ex-employee's right to file an 'unjust dismissal' complaint notwithstanding the existence of an all-party settlement; an elucidation of the phrase 'required or permitted' pursuant to the s.174 overtime provision; and the impact of business transfers on the payment of employee severances. Finally, a new regulation has been introduced that clarifies when private sector internships can be unpaid and identifies the labour standards protections applicable to interns.
  • Part IV, in force January 1, 2021, sets out administrative monetary penalties that may be levied as an alternative measure for promoting compliance under Parts II and III in cases that do not warrant a prosecution, or as a supplement to notices of voluntary compliance, directions and orders under those Parts. The attending regulation, also in force January 1, 2021, will permit the Labour Minister to publicly name employers who have committed offences or violations under Parts II and III or their related regulations.

What's New

Updated Canada Labour Code and annotations

The annotations to the act have been fully reviewed, with new case law and updated commentary. The text of the Canada Labour Code, R.S.C. 1985, c. L-2, has been updated to reflect recent amendments, including significant changes coming into force on January 1, 2021.

Updated annotations to the Canada Industrial Relations Board Regulations

The annotations have also been updated for the Canada Industrial Relations Board Regulations, SOR/2001-502.

New Regulations

The following new regulations have been added:

  • Administrative Monetary Penalties (Canada Labour Code) Regulations, SOR/2020-260
  • Standards for Work-Integrated Learning Activities Regulations, SOR/2020-145
  • Work Place Harassment and Violence Prevention Regulations, SOR/2020-130

Amended Regulations

The following regulations have been updated to reflect recent amendments:

  • Canada Labour Standards Regulations, C.R.C. 1978, c. 986
  • Canada Occupational Safety and Health Regulations, SOR/86-304

This edition includes

  • The Canada Labour Code with section-by-section annotations
  • The Canada Industrial Relations Board Regulations, with section-by-section annotations
  • Additional relevant legislation, including:
    • The Trade Unions Act
    • The Department of Employment and Social Development Act
    • The Corporations Returns Act
  • Additional regulations, including:
    • Policy Committees, Work Place Committees and Health and Safety Representatives Regulations
    • Canada Industrial Relations Regulations
    • Canada labour Standards Regulations
    • Canada Occupational Safety and Health Regulations
    • Motor Vehicle Operators Hours of Work Regulations
    • Standards for Work-Integrated Learning Activities Regulations
    • Work Place Harassment and violence Prevention Regulations
    • Administrative Monetary Penalties (Canada Labour Code) Regulations
Carswell

The 2021 Annotated Canada Labour Code + Supplement (Print + ProView)

Author: Ronald Snyder
Availability: Partial Stock

Description

"Ron Snyder's Annotated Canada Labour Code...has become an essential reference tool for all labour relations practitioners who work in the federally-regulated sectors" Ginette Brazeau, Chairperson, Canada Industrial Relations Board

This treatise, now in its 29th year of publication, sets out the most recent statutory and regulatory amendments to the Canada Labour Code and includes all newly rendered case law to assist in the interpretation and application of the Code's legislative Parts. This treatise also references jurisprudence applicable to the Code's subordinate C.I.R.B. Regulations.

This 2021 Edition digests 67 new decisions that have been rendered by the C.I.R.B., the O.S.H. Appeal Board, adjudicators, referees and the courts since the publication of last year's edition, resulting in updates to approximately 74 areas of this Treatise.

Highlights for this edition

  • Part I of the Code includes a discussion of whether a failure to order a representation vote constitutes a Charter violation; further important clarification of the test of whether a company is vital, essential and integral to a Federal enterprise's operations; and the scope of issues that may be determined by an arbitrator in respect of a disagreement referred pursuant to s. 36.1.
  • Part II is of particular interest this year as it introduces, for the first time, a definition of harassment and workplace violence and broadens the employer's responsibilities around such conduct. The associated harassment and workplace violence regulation, in force January 1, 2021, is both comprehensive and weighty. Case law under Part II includes the Supreme Court of Canada's clarification as to what constitutes "control" of a workplace by an employer; the scope of a Minister's powers in respect of Part II contraventions; and the ambit of prohibited retaliatory conduct by an employer.
  • Part III provides further insight into the essential elements necessary to characterize an employee as a 'manager'; an affirmation of an ex-employee's right to file an 'unjust dismissal' complaint notwithstanding the existence of an all-party settlement; an elucidation of the phrase 'required or permitted' pursuant to the s.174 overtime provision; and the impact of business transfers on the payment of employee severances. Finally, a new regulation has been introduced that clarifies when private sector internships can be unpaid and identifies the labour standards protections applicable to interns.
  • Part IV, in force January 1, 2021, sets out administrative monetary penalties that may be levied as an alternative measure for promoting compliance under Parts II and III in cases that do not warrant a prosecution, or as a supplement to notices of voluntary compliance, directions and orders under those Parts. The attending regulation, also in force January 1, 2021, will permit the Labour Minister to publicly name employers who have committed offences or violations under Parts II and III or their related regulations.

What's New

Updated Canada Labour Code and annotations

The annotations to the act have been fully reviewed, with new case law and updated commentary. The text of the Canada Labour Code, R.S.C. 1985, c. L-2, has been updated to reflect recent amendments, including significant changes coming into force on January 1, 2021.

Updated annotations to the Canada Industrial Relations Board Regulations

The annotations have also been updated for the Canada Industrial Relations Board Regulations, SOR/2001-502.

New Regulations

The following new regulations have been added:

  • Administrative Monetary Penalties (Canada Labour Code) Regulations, SOR/2020-260
  • Standards for Work-Integrated Learning Activities Regulations, SOR/2020-145
  • Work Place Harassment and Violence Prevention Regulations, SOR/2020-130

Amended Regulations

The following regulations have been updated to reflect recent amendments:

  • Canada Labour Standards Regulations, C.R.C. 1978, c. 986
  • Canada Occupational Safety and Health Regulations, SOR/86-304

This edition includes

  • The Canada Labour Code with section-by-section annotations
  • The Canada Industrial Relations Board Regulations, with section-by-section annotations
  • Additional relevant legislation, including:
    • The Trade Unions Act
    • The Department of Employment and Social Development Act
    • The Corporations Returns Act
  • Additional regulations, including:
    • Policy Committees, Work Place Committees and Health and Safety Representatives Regulations
    • Canada Industrial Relations Regulations
    • Canada labour Standards Regulations
    • Canada Occupational Safety and Health Regulations
    • Motor Vehicle Operators Hours of Work Regulations
    • Standards for Work-Integrated Learning Activities Regulations
    • Work Place Harassment and violence Prevention Regulations
    • Administrative Monetary Penalties (Canada Labour Code) Regulations