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[excerpts]

Canada Labour Code (R.S. 1985, c. L-2)

DIVISION IIIEQUAL WAGES

Application of sections

182.(1) For the purposes of ascertaining whether a discriminatory practice under section 11 of theCanadian Human Rights Actis being or has been engaged in, sections 249, 250, 252, 253, 254, 255 and 264 apply, with such modifications as the circumstances require, as if this Part expressly required an employer to refrain from that discriminatory practice.

Report to Commission

(2) Where an inspector has reasonable grounds at any time for believing that an employer is engaging or has engaged in a discriminatory practice described in subsection (1), the inspector may notify the Canadian Human Rights Commission or file a complaint with that Commission under section 40 of theCanadian Human Rights Act.

R.S., c. 17(2nd Supp), s. 9; 1976-77, c. 33, s. 66.

DIVISION VIIREASSIGNMENT, MATERNITY LEAVE AND PARENTAL LEAVE

Maternity-related Reassignment and Leave

Reassignment and job modification

204.(1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request the employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or to that of the foetus or child.

Medical certificate

(2) An employee's request under subsection (1) must be accompanied by a certificate of a qualified medical practitioner of the employee's choice indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk.

R.S., 1985, c. L-2, s. 204; R.S., 1985, c. 9 (1st Supp.), s. 9; 1993, c. 42, s. 26.

Employer's obligations

205.(1) An employer to whom a request has been made under subsection 204(1) shall examine the request in consultation with the employee and, where reasonably practicable, shall modify the employee's job functions or reassign her.

Rights of employee

(2) An employee who has made a request under subsection 204(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to and shall be granted a leave of absence with pay at her regular rate of wages until the employer

(a) modifies her job functions or reassigns her, or

(b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her,

and that pay shall for all purposes be deemed to be wages.

Onus of proof

(3) The onus is on the employer to show that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable.

Employee to be informed

(4) Where the employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the employer shall so inform the employee in writing.

Status of employee

(5) An employee whose job functions are modified or who is reassigned shall be deemed to continue to hold the job that she held at the time of making the request under subsection 204(1), and shall continue to receive the wages and benefits that are attached to that job.

Employee's right to leave

(6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate.

R.S., 1985, c. L-2, s. 205; R.S., 1985, c. 9 (1st Supp.), s. 9; 1993, c. 42, s. 26.

Entitlement to leave

205.1An employee who is pregnant or nursing is entitled to and shall be granted a leave of absence during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, if she provides the employer with a certificate of a qualified medical practitioner of her choice indicating that she is unable to work by reason of the pregnancy or nursing and indicating the duration of that inability.

1993, c. 42, s. 26.

Employee's duty to inform employer

205.2An employee whose job functions have been modified, who has been reassigned or who is on a leave of absence shall give at least two weeks notice in writing to the employer of any change in the duration of the risk or in the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given, and such notice must be accompanied by a new medical certificate.

1993, c. 42, s. 26.

Maternity Leave

Entitlement to leave

206.Every employee who

(a) has completed six consecutive months of continuous employment with an employer, and

(b) provides her employer with a certificate of a qualified medical practitioner certifying that she is pregnant

is entitled to and shall be granted a leave of absence from employment of up to seventeen weeks, which leave may begin not earlier than eleven weeks prior to the estimated date of her confinement and end not later than seventeen weeks following the actual date of her confinement.

R.S., 1985, c. L-2, s. 206; R.S., 1985, c. 9 (1st Supp.), s. 10; 1993, c. 42, s. 26.

Parental Leave

Entitlement to leave

206.1(1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to thirty-seven weeks to care for a new-born child of the employee or a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides.

Period when leave may be taken

(2) The leave of absence may only be taken during the fifty-two week period beginning

(a) in the case of a new-born child of the employee, at the option of the employee, on the day the child is born or comes into the actual care of the employee; and

(b) in the case of an adoption, on the day the child comes into the actual care of the employee.

Aggregate leave -- two employees

(3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same birth or adoption shall not exceed thirty-seven weeks.

1993, c. 42, s. 26; 2000, c. 14, s. 42; 2002, c. 9, s. 17.

Aggregate leave -- maternity and parental

206.2The aggregate amount of leave that may be taken by one or two employees under sections 206 and 206.1 in respect of the same birth shall not exceed fifty-two weeks.

2000, c. 14, s. 42.

DIVISION XV.1SEXUAL HARASSMENT

Definition of "sexual harassment"

247.1In this Division, "sexual harassment" means any conduct, comment, gesture or contact of a sexual nature

(a) that is likely to cause offence or humiliation to any employee; or

(b) that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.

R.S., 1985, c. 9 (1st Supp.), s. 17.

Right of employee

247.2Every employee is entitled to employment free of sexual harassment.

R.S., 1985, c. 9 (1st Supp.), s. 17.

Responsibility of employer

247.3Every employer shall make every reasonable effort to ensure that no employee is subjected to sexual harassment.

R.S., 1985, c. 9 (1st Supp.), s. 17.

Policy statement by employer

247.4(1) Every employer shall, after consulting with the employees or their representatives, if any, issue a policy statement concerning sexual harassment.

Contents of policy statement

(2) The policy statement required by subsection (1) may contain any term consistent with the tenor of this Division the employer considers appropriate but must contain the following:

(a) a definition of sexual harassment that is substantially the same as the definition in section 247.1;

(b) a statement to the effect that every employee is entitled to employment free of sexual harassment;

(c) a statement to the effect that the employer will make every reasonable effort to ensure that no employee is subjected to sexual harassment;

(d) a statement to the effect that the employer will take such disciplinary measures as the employer deems appropriate against any person under the employer's direction who subjects any employee to sexual harassment;

(e) a statement explaining how complaints of sexual harassment may be brought to the attention of the employer;

(f) a statement to the effect that the employer will not disclose the name of a complainant or the circumstances related to the complaint to any person except where disclosure is necessary for the purposes of investigating the complaint or taking disciplinary measures in relation thereto; and

(g) a statement informing employees of the discriminatory practices provisions of theCanadian Human Rights Actthat pertain to rights of persons to seek redress under that Act in respect of sexual harassment.

Publicity

(3) Every employer shall make each person under the employer's direction aware of the policy statement required by subsection (1).

R.S., 1985, c. 9 (1st Supp.), s. 17.