Skip to Content

Canada Labour Code - Part III

Worker was an employee not independent contractor, Canada Labour Code applies

Jurisdiction: - Canada/Federal

2016415 Ontario Ltd. and Minkine (Re) (January 15, 2008 Canada, M. Cooper).

Report Issued on Part III of the Canada Labour Code

Jurisdiction: - Canada/Federal

Part III of the Canada Labour Code sets out the employment standards minimums for federally regulated employers. It was enacted in 1965 and had not been systematically reviewed since then.

In December 2004, the federal government appointed Professor Harry Arthurs, a former Dean of Osgoode Hall Law School, to conduct a comprehensive review of Part III.

Professor Arthurs issued his final report (324 pgs) on October 30, 2006. The report, entitled "Fairness at Work Federal Labour Standards for the 21st Century", can be viewed here.

The report contains 172 recommendations in relation to revising Part III, as well as many interesting statistics relating to the type of companies and employees who are regulated by Part III.  read more »

Presentation: "Reference Letters"

I presented a paper on "Reference Letters" at the Employment Law Conference, Continuing Legal Education seminar that was held in Vancouver on May 11 and 12, 2006.

Report to Task Force on Part III of the Canada Labour Code regarding termination of employment provisions

Jurisdiction: - Canada/Federal

As part of the Task Force on Part III of the Canada Labour Code, Geoffrey England wrote a "Report to the Task Force on Part III of the Canada Labour Code regarding the termination of employment provisions of the Canada Labour Code" (March 16, 2006).

The Report examines the following provisions in Part 111 of the Canada Labour Code that deal with termination of employment:

  • the unjust discharge provisions;
  • the individual notice of termination/pay in lieu provisions;
  • the individual severance pay provisions; and
  • the group termination provisions.

Unjust dismissal found where employer hired another person into same classification as dismissed employee

Jurisdiction: - Canada/Federal

Lancaster v. Sprint Canada, [2004] C.L.A.D. No. 105

"Good Faith And The Individual Contract of Employment"

The Manitoba Law Reform Commission has published a report entitled, "Good Faith And The Individual Contract of Employment" (December 2001). The report"

...examines the remedies for wrongful dismissal before the [Supreme Court of Canada's decision in Wallacev. United Grain Growers Ltd., [1997] 3 S.C.R. 701] and alludes to the changing nature of the employment relationship. It describes the principles set out in Wallace in respect of bad faith dismissal and reviews the subsequent judicial interpretation and application of Wallace. Options for reform are then identified, followed by our recommendations for reform.

Dismissal not "unjust" under Canada Labour Code if employee given reasonable notice or payment in lieu

Jurisdiction: - Canada/Federal
Sector: - First Nations

Chalifoux v. Driftpile First Nation-Driftpile River Band No. 450, [2000] C.L.A.D. No. 368 (Wakeling)