PART I — Industrial Relations
This Part applies in respect of employees who are employed on or in connection with the operation of any federal work, undertaking or business, in respect of the employers of all such employees in their relations with those employees and in respect of trade unions and employers’ organizations composed of those employees or employers.
R.S., c. L-1, s. 108; 1972, c. 18, s. 1
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This Part applies in respect of any corporation established to perform any function or duty on behalf of the Government of Canada and in respect of the employees of any such corporation, except any such corporation, and the employees thereof, that the Governor in Council excludes from the operation of this Part.
Limitation
(2)The Governor in Council may, pursuant to subsection (1), exclude from the operation of this Part only those corporations in respect of which a minister of the Crown, the Treasury Board or the Governor in Council is authorized to establish or to approve some or all of the terms and conditions of employment of persons employed therein.
Addition of name to Schedule
(3)Where the Governor in Council excludes any corporation from the operation of this Part, the Governor in Council shall, by order, add the name of that corporation to Schedule IV or V to the Financial Administration Act.
R.S., 1985, c. L-2, s. 5; 2003, c. 22, s. 107
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This Part applies in respect of any Canadian carrier, as defined in section 2 of the Telecommunications Act, that is an agent of Her Majesty in right of a province and in respect of the employees of the carrier.
1993, c. 38, s. 88
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Except as provided by section 5, this Part does not apply in respect of employment by Her Majesty in right of Canada.
1972, c. 18, s. 1
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A person — other than a person who performs management functions or is employed in a confidential capacity in matters relating to industrial relations — 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. 235
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If, in any proceeding under this Part other than a prosecution, an employer alleges that a person is not their employee, the burden of proof is on the employer.
2024, c. 17, s. 235
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