Canada Labour Code

The objective of the Code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.

In these instances, the unions would use techniques such as strikes and sabotage to impress on the employer the idea that the workers had rights as humans and even deserved respect.

After the 1906 Lethbridge coalfield strike, this requirement became paramount and was introduced in the Industrial Disputes Investigation Act of 1907 (IDI).

As the industries continued to resist the demands laid down by the unions, the organizations grew larger and began to plan large-scale tactics such as the Winnipeg General Strike.

[citation needed] During World War II, the wartime government suspended provincial labour legislation and the IDI act.

These amendments included extending bargaining rights to some previously excluded groups (e.g., supervisors, employed professionals, etc.)

This part of the Code is divided into seven divisions and deals with collective bargaining, dispute resolution, strikes and lockouts.

In short, a trade union for employees or an organization representing employers must first be certified by the Canada Labour Relations Board, whose composition and procedures are detailed in Division II.

The Code places a duty on the two sides to meet and negotiate "in good faith and make every reasonable effort to enter into a collective agreement" [s.50 (a) i,ii].

It is "responsible for fostering harmonious relations between trade unions and employers by assisting them in the negotiation of collective agreements and their renewal."

The union (for strikes) or the employers (for lockouts) must give the Minister of Labour 72 hours' notice before the work stoppage can occur.

The Minister can prevent or cease a work stoppage by appointing a conciliation officer, commissioner, or board, to mediate negotiations.

The beginning of this part states the purpose here "is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment."

In order to facilitate investigations sections 134 to 140 establish requirements, regulations, and procedures for health and safety committees, representatives, and officers.

Officers are delegated authorities for enforcing the Code by the Minister of Labour and investigate incidents and complaints concerning health and safety in the workplace.

The third part of the Code is divided into 16 divisions which deal with terms and conditions of employment concerning hours, wages, leave, holidays, and sexual harassment.

Division II establishes that the Province of employment's minimum wage, with the exception of those based on age discrimination, shall be used for workers in industries under federal jurisdiction.

Division III refers to the Canadian Human Rights Act for prohibition to discriminatory wage practices.

Divisions VII, VIII, XIII, and XIII.1 make arrangements for maternity, parental, compassionate care, bereavement, and sick leave.

[2] On 21 May 2020 during the COVID-19 pandemic, WestJet sought an exemption on Part 3 Division IX law from Labour minister Filomena Tassi.

The company said: "unprecedented circumstances with regards to the coronavirus pandemic and the subsequent decline in air travel prompted by containment measures worldwide" were to blame.

Passenger loads at the airline "dropped by more than 95 per cent due to travel restrictions imposed because of the coronavirus outbreak".