Gavin Howe
Canada has a variety of laws in place to protect the rights of workers. These include federal labour standards outlined in Part III of the Canada Labour Code, which sets out employment conditions for hours of work, payment of wages, leaves, vacation, holidays, and more. Additionally, the Employment Equity Act is a federal law that requires equal employment opportunities for women, Aboriginal peoples, people with disabilities, and members of visible minorities. However, Canada does not currently have right-to-work laws, which refer to the right of workers to opt out of unions and not pay dues in unionized workplaces. While there is some support for implementing such laws in Canada, particularly among Conservative voters, there is also significant opposition, and the laws have only been rarely discussed.
| Characteristics | Values |
|---|---|
| Right to work laws | Do not exist in Canada |
| Union membership | Mandatory in unionized workplaces |
| Union dues | Mandatory for all workers in unionized workplaces |
| Freedom of association | Guaranteed under Section 2(d) of Charterpedia |
| Collective bargaining | Guaranteed under Section 2(d) of Charterpedia |
| Federal labour standards | Set out in Part III of the Canada Labour Code |
| Labour standards protections | Extended to interns and certain protections to student interns |
| Workplace conditions | Regulated by provincial and territorial laws |
| Foreign worker rights | Protected under Canadian law |
| Employment Equity Act | Requires equal employment opportunities for four designated groups |
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What You'll Learn
Union membership
In the context of labour law in the United States, the term "right-to-work" refers to state laws that prohibit union security agreements between employers and labour unions. Such agreements can be incorporated into union contracts to require employees who are not union members to contribute to the costs of union representation. Right-to-work laws guarantee an employee's right to refrain from being a member of a labour union.
In Canada, there is no federal right-to-work law. However, each province or territory has an office that deals with labour and employment laws, which can provide information about fair pay, hours of work, rest periods, and working conditions.
According to a survey by the Angus Reid Institute, Canadians are nearly evenly split on importing right-to-work laws from the United States. Two-in-five (43%) support such laws, while two-in-five (41%) oppose them. There are differences in opinion between those in public and private sector unions, with 57% in public sector unions opposing right-to-work laws, while 48% in private sector unions support them.
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$85
Worker protections
Provincial and territorial laws play a significant role in defining worker protections, with each province or territory having its own labour and employment laws. These laws cover areas such as fair pay, hours of work, rest periods, and working conditions, and minimum wage. For instance, in Ontario, employees must receive a 30-minute break after working for five consecutive hours, and young workers are entitled to minimum wage, up to three days of unpaid sick leave, and holiday pay each year.
Additionally, Canada has labour relations boards across all its jurisdictions, and workers have the right to freedom of association, allowing them to form trade unions without retaliation from employers. The Employment Equity Act is another federal law that promotes equal employment opportunities for four designated groups: women, Aboriginal peoples, people with disabilities, and members of visible minorities.
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Labour standards
Canada has a comprehensive set of labour standards in place to protect workers' rights. These laws cover a range of issues, including hours of work, payment of wages, leaves, vacation, holidays, and working conditions. Every province and territory has an office that deals with labour and employment laws, providing information and support to workers.
The Canada Labour Code outlines federal labour standards, which apply to employees in federally regulated businesses. These standards include the Employment Equity Act, which requires equal employment opportunities for women, Aboriginal peoples, people with disabilities, and members of visible minorities. The Federal Contractors Program (FCP) and the Legislated Employment Equity Program (LEEP) further enhance these opportunities for designated groups.
In terms of unionization, Canada has not adopted right-to-work laws, which are common in the United States. Instead, under the Rand Formula devised by Supreme Court Justice Ivan Rand in 1946, employees in unionized workplaces can choose to join the union or opt out, but all workers must pay union dues. This prevents "free-riders" from benefiting from union services without contributing financially. While there have been discussions about implementing right-to-work laws in certain provinces, there is currently no consensus across Canada.
Canadian labour standards also protect foreign workers, who have the right to fair pay, hours of work, rest periods, and working conditions. Foreign workers can contact employment standards offices without fear of retaliation from their employers, and each province provides information to ensure these workers understand their rights.
Overall, Canada's labour standards aim to protect all workers, ensure fair employment practices, and promote equal opportunities for underrepresented groups. These standards are enforced through various laws, programs, and offices dedicated to upholding workers' rights and improving their well-being.
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Employment equity
While Canada does not have right-to-work laws, it does have laws in place to protect the right of all Canadians to be treated fairly in the workplace. One such law is the Employment Equity Act, which is a federal law that requires federally regulated organisations and businesses to provide equal employment opportunities to four designated groups: women, Indigenous peoples, people with disabilities, and members of visible minorities.
The Employment Equity Act (EEA) only applies to federally regulated employers and certain contractors working with the federal government, amounting to approximately 10% of the Canadian workforce. The Act is designed to "achieve equality in the workplace" and "correct the conditions of disadvantage in employment" experienced by historically disadvantaged groups.
There are two programs under the EEA: the Legislated Employment Equity Program (LEEP) and the Federal Contractors Program (FCP). LEEP applies to all employees of private sector companies in federally regulated industries with 100 or more employees, including banks, insurance companies, transportation companies, and airlines. Crown Corporations and federally regulated entities with more than 100 employees also fall under LEEP. The FCP governs federal contractors, defined as provincially regulated employers with 100 or more employees that have been awarded a federal government contract for $1 million or more.
To comply with the EEA, employers must create an employment equity plan (EEP) to correct any under-representation by people from the four designated groups. They must also set short and long-term numeric goals for their EEP, provide information on the measures to implement and progress made, consult and collaborate with employee representatives, and keep employment equity records. Private sector employers must file an annual report by June 1st of each year, and audits may be random or prompted by data in the employer's annual report.
Oversight of employment equity is shared among three federal government agencies: Employment and Social Development Canada, the Treasury Board Secretariat, and the Canadian Human Rights Commission. Compliance monitoring is carried out by the Canadian Human Rights Commission, with audits of LEEP employers occurring every three to five years.
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Freedom of association
While Canada does not have right-to-work laws, it does have laws that protect workers' rights. The Canadian Charter of Rights and Freedoms, which came into effect on April 17, 1982, is a part of the Canadian Constitution and contains the basic rules about how the country operates. The Charter sets out the rights and freedoms that Canadians believe are necessary in a free and democratic society.
The rights and freedoms in the Charter are not absolute and can be limited to protect other rights or important national values. For example, freedom of expression may be limited by laws against hate propaganda or child pornography. The Charter also guarantees the right to freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication.
The Charter protects Canadians' right to gather and act in peaceful groups, as well as their right to belong to an association like a trade union. This is known as freedom of association. Under the constitutive right, the state is prohibited from interfering with individuals meeting or forming associations but is permitted to interfere with the activities pursued by an association. The derivative right protects associations' activities that specifically relate to other constitutional freedoms, while the purposive right protects activities such as collective bargaining and striking, which enable individuals to meet on more equal terms with those with whom their interests interact or conflict.
In addition to the Charter, other Canadian laws protect workers' rights. The Employment Equity Act is a federal law that requires federally regulated organizations and businesses to provide equal employment opportunities to four designated groups: women, Aboriginal peoples, people with disabilities, and members of visible minorities. The Federal Contractors Program (FCP) and the Legislated Employment Equity Program (LEEP) also aim to provide equal employment opportunities to these groups.
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Frequently asked questions
Right-to-work laws refer to the right of workers to opt out of unions and not pay dues in unionized workplaces.
No, Canada does not have right-to-work laws. However, there have been discussions about implementing them.
Canadian laws protect every worker in Canada, including foreign workers. The Employment Equity Act is a federal law that requires federally regulated organizations and businesses to provide equal employment opportunities. The Federal Contractors Program (FCP) and the Legislated Employment Equity Program (LEEP) are designed to provide equal employment opportunities to women, Aboriginal peoples, people with disabilities, and members of visible minorities.
Canadians are divided on the matter of right-to-work laws. Canadians who are members of private sector unions (48%) and those outside of them (45%) are more likely to support their province adopting right-to-work laws. A majority in public sector unions (57%) stand in opposition.
