CANADIAN LAWS
Workers Rights in Canada are protected by a mixture of federal and provincial laws...
Federal Laws
Canadian Human Rights Act
This act bans discrimination in jobs and services based on disability, race, gender, ethnicity, and other factors. It covers Canadian government employees, government of First Nations, and private companies controlled by the Canadian government like banks and telecommunications companies.
Employment Equity Act
This federal law requires employers to offer
equal job chances for 4 groups such as women, disable people, Aboriginal
people, and minorities. Employers must take steps to improve job
opportunities for these groups
Canada Labour Code
This Code is divided into several parts, each
addressing different aspects of employment:
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Industrial Relations: governs the relationship between unions and employers, including rules for resolving disputes, strikes, and lockouts
-
Occupational Health and Safety: rules to avert accidents and injuries at workplace, and ensures employers protect employees' health and safety.
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Standard Hours, establishes labor standards for employment, such as minimum wage, overtime pay, vacation time, and other working conditions.
Provincial Employment Standards
In Canada, each province has its own employment laws and standards that cover things like minimum wage, overtime pay, vacation time, and other working conditions.
Rights for Foreign Workers
Workers of foreign origins in Canada are shielded by labour laws of federal or provincial government, ensuring they have same rights as other Canadian workers. This includes right to keep their passport or work permit and protection from exploitation.
Duty to Accommodate
Employers must
accommodate employees' needs related to discrimination, like those based
on disability or religion may involve making changes to the work
environment or duties to enable the employee to perform their job.
However, employers only need to provide accommodation if it doesn't
cause them significant difficulty or expense
The Employment Standards
Act is Ontario province’s law to
protect workers. ESA sets out rules for:
“Minimum Wage; Hours of work limits, termination
of employment, public holidays, pregnancy and parental leave, severance
pay and vacations".
Occupational Health and Safety Act (OHSA)
In addition to ESA, there is also OHSA which focuses on “workplace safety and aims to prevent workplace accidents and injuries. It sets out the responsibilities of employers, supervisors and workers in ensuring a safe workplace”.
Laws at a Glance:
| Law | Description | Relevant Section |
| Canadian Human Rights Act | Prohibits discrimination based on gender, race, ethnicity, and other grounds. | Employment and services within federal jurisdiction |
| Employment Equity Act |
Requires equal employment
opportunities for women, Aboriginal peoples, people with disabilities, and visible minorities |
Federally regulated organizations and businesses |
| Canada Labour Act | Defines rights and responsibilities of workers and employers in federally regulated workplaces | Industrial relations, occupational health and safety, standard hours, wages, vacations, holidays |
| Federal Labour Standard | Information on rights, termination and severance pay, minimum wage, hours of work, vacation and leave, and pay equity. | Federally regulated industries |
| Occupational Health and Safety Act (OHSA) | Ensures the health and safety of workers by setting standards and enforcing regulations. | Applies to most workplaces in Ontario |
| Employment Standards Act (ESA) | Sets minimum standards for wages, hours of work, overtime, vacation, and other employment conditions. | Applies to most employees and employers in Ontario |
|
Workplace Safety and Insurance Act (WSIA) |
Provides compensation to workers who are injured or become ill due to their job. | Applies to most workplaces in Ontario |
| Pay Equity Act | Ensures that employees receive equal pay for work of equal value, regardless of gender. | Applies to public sector employers and private sector employers with 10 or more employees in Ontario |
| Accessibility for Ontarians with Disabilities Act (AODA) | Aims to improve accessibility for people with disabilities across Ontario. | Applies to all organizations in Ontario |