AvRegs Canada

← Canada Labour Code

PART II — Occupational Health and Safety

Application

123Application of Part history
(1)

Notwithstanding any other Act of Parliament or any regulations thereunder, this Part applies to and in respect of employment

(a)

on 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)

by a corporation established to perform any function or duty on behalf of the Government of Canada; and

(c)

by a 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 federal public administration

(2)

This Part applies to the federal public administration and to persons employed in the federal public administration to the extent provided for under Part 3 of the Federal Public Sector Labour Relations Act.

Persons appointed and their employer

(2.1)

This Part applies to persons appointed under subsection 128(1) of the Public Service Employment Act, other than persons appointed by a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, and to their employer.

Application to other persons

(3)

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.

R.S., 1985, c. L-2, s. 123; R.S., 1985, c. 9 (1st Supp.), s. 2; 1993, c. 28, s. 78, c. 38, s. 89; 2000, c. 20, s. 4; 2002, c. 7, s. 97(E); 2003, c. 22, s. 110; 2015, c. 36, s. 87; 2017, c. 9, s. 55; 2018, c. 22, s. 2

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123.1Canadian Human Rights Act history

For greater certainty, nothing in this Part shall be construed so as to abrogate or derogate from the rights provided for under the Canadian Human Rights Act.

R.S., 1985, c. 9 (1st Supp.), s. 3; 1996, c. 12, s. 2; 2018, c. 22, s. 2.1

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123.2Presumption 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. 239

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123.3Burden 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.

2024, c. 17, s. 239

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