193. CCA Study Notes: Worker Rights and Workplace Legislation in Support Work

The Big Picture

Canadian workers have legal rights. Laws also set rules that workers and employers must follow.

Different types of laws cover different parts of working life. They deal with fair treatment, workplace safety, pay and hours, unions, workplace injuries, long-term care services, and community services.

The details and names of these laws vary across Canada. The main areas of protection are still important to recognize.

Look for Nova Scotia CCA Notes throughout this page for current provincial guidance.

Quick tip: Tap, click, or press Enter on any term with a dotted underline and an ⓘ icon to see its plain-English definition.

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Course Notes: Key Ideas You Need to Know

What Legislation and Rights Mean

Legislation is a body of laws that governs the behaviour of a country’s residents.

A right is something a person is justly entitled to.

Federal, provincial, and territorial laws protect workers and explain their rights, requirements, and duties. The exact laws differ across Canada.

Major areas of workplace legislation include:

  • human rights
  • occupational health and safety
  • employment standards
  • labour relations
  • workers’ compensation
  • long-term care services
  • community services

Human Rights Legislation

Human rights laws protect workers’ basic human rights.

Employers must treat workers equally. They must not discriminate against workers because of:

  • ethnic background
  • colour
  • gender
  • sexual orientation
  • religion
  • age
  • disability

Employers and employment agencies also cannot discriminate against a worker because a client asks them to.

Workers also have the right to a workplace free from harassment.

Harassment means troubling, tormenting, offending, or worrying someone through behaviour or comments. Harassment may come from an employer, a client, or another worker.

Occupational Health and Safety Legislation

All provinces and territories have occupational health and safety legislation, often shortened to OH&S.

OH&S legislation explains the rights and responsibilities of workers, employers, and supervisors in creating and maintaining a safe workplace.

An important distinction applies to home care. OH&S legislation is not enforceable in a home care environment and does not protect support workers working in home care.

Employer Responsibilities for Safety

Employers must take every precaution that is reasonable in the circumstances to protect workers.

Workers have the right to receive proper:

  • education
  • instruction
  • supervision

Employers must provide these protections to help keep workers safe. Employers who fail to meet these duties may receive fines.

The Right to Refuse Dangerous Work

Workers have the right to refuse work when the work creates a danger to themselves or other people.

There is an important exception. In some provinces and territories, health care workers cannot refuse work when refusing would endanger a client’s health or safety.

Keep both parts of this rule together when studying.

Hazardous Materials and WHMIS

OH&S legislation also covers how workplaces identify and manage hazardous materials .

WHMIS, the Workplace Hazardous Materials Information System, is a national plan. It provides information about the safe use of hazardous materials and their possible health risks.

Employment Standards Legislation

Employment standards legislation sets the minimum acceptable employment standards in a workplace.

These laws cover basic rules involving:

  • minimum wage
  • how wages are paid
  • acceptable daily and weekly work hours
  • fair overtime pay
  • holidays
  • vacation days
  • situations that qualify for a leave of absence

Think of employment standards as the minimum rules for basic working conditions.

Labour Relations Legislation

Labour relations legislation deals with how employers and employees resolve workplace issues.

Employees have a basic right to:

  • form a trade union
  • join a trade union of their choice
  • participate in lawful union activities

Trade unions may negotiate wages and other workplace issues with the employer for union members.

These negotiations are called collective bargaining.

Labour relations legislation also sets rules for collective bargaining. It identifies the obligations that must be met before a legal strike takes place and identifies unfair labour and employee conduct.

Workers’ Compensation Legislation

Workers’ compensation legislation deals with financial compensation for accidental injuries that happen on the job.

In general, an employee is considered to be on the job from the time they report to work until the end of the shift.

Work-related travel matters too. An accident that happens during work-related travel may also receive workers’ compensation coverage.

Workers’ compensation legislation also addresses worker and employer rights when a workplace injury occurs.

Long-Term Care Facilities Legislation

Provincial and territorial legislation regulates all long-term care facilities.

These laws address basic client rights and requirements for operating a long-term care facility.

They also cover areas such as:

  • licensing requirements
  • placement requirements
  • funding structures
  • accountability systems
  • guidelines for creating and maintaining health care records
  • staff training requirements

Community Services Legislation

Community services legislation sets rules and procedures for accessing and providing community services, including support work.

These laws define different types of community services. They also describe how those services are to be provided.