# Am I a federally regulated worker? (And why it matters)

> URL: https://workandgender.com/article/am-i-a-federally-regulated-worker-and-why-it-matters/  
> Language: en  
> Description: Only about 7% of Canadian workers are federally regulated (banks, airlines, telecom). How to tell which laws cover you, and why it matters.

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Canada has a lot of laws aiming at protecting people who experience workplace sexual harassment. To know which ones apply to you, you need to know whether you are a provincially regulated worker or a federally regulated worker.

The vast majority of workers in Canada—about 93%—are covered under provincial laws. Those people are protected by the employment laws and human rights laws of the province or territory where they work. Most people are provincially regulated because *everybody* is provincially regulated by default, unless their industry has been officially designated as federal.

About 7% of Canadians work in federally regulated industries. Those people are protected by the [Canada Labour Code](https://laws-lois.justice.gc.ca/PDF/L-2.pdf) and the [Canadian Human Rights Act](https://laws-lois.justice.gc.ca/PDF/H-6.pdf). Some people think that the Canada Labour Code and the Canadian Human Rights Act cover everybody in the country, but that’s not true. They *only* cover people who work in federally regulated industries.

## What are the **federally regulated industries**?

There are two categories of workplaces that are federally regulated—the private and public sectors.

Federally regulated private sectors are:

- banks, including authorized foreign banks
- airports, air transportation (for example, Air Canada, WestJet)
- interprovincial/international transportation (for example, railways, trucking companies, marine shipping, interprovincial buses)
- fisheries
- telephone, cable systems, and telegraph companies
- television and radio broadcasting
- uranium mining and processing
- grain elevators
- First Nation band councils (including certain community services on reserves)
- Crown corporations (for example, Canada Post, Royal Canadian Mint)
- private-sector firms and municipalities in Yukon, the Northwest Territories, and Nunavut

Federally regulated public sectors are:

- the federal public service
- Parliament (Senate, House of Commons)

If you work in one of these sectors, you’re most likely a federally regulated worker. If you’re not sure, you can contact the federal [Labour Program](https://www.canada.ca/en/employment-social-development/services/labour-contact.html).

## What **legislation** applies to federally regulated workers?

### The Canada Labour Code

The [Canada Labour Code](https://laws-lois.justice.gc.ca/PDF/L-2.pdf) covers all federally regulated workplaces. It sets out federal labour laws, and defines the rights and responsibilities of workers and employers in federally regulated workplaces. Federal workplace laws apply to all employers and workplaces that are the responsibility of the federal government.

Part II of the Canada Labour Code, Occupational Health and Safety, talks about harassment and violence in the workplace. The code defines workplace harassment and violence as “any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.”

This definition includes sexual harassment, sexual violence, and domestic violence in the workplace.

### The Canadian Human Rights Act

The [Canadian Human Rights Act](https://laws-lois.justice.gc.ca/PDF/H-6.pdf) protects people who are employed or getting services in workplaces under federal power from discrimination. These workplaces are:

- the federal government
- First Nations governments
- Federally regulated private sectors

Under the Canadian Human Rights Act, it’s against the law for a federal service provider or employer to discriminate on the grounds of:

- race
- national or ethnic origin
- colour
- religion
- age
- sex
- sexual orientation
- gender identity or expression
- marital status
- family status
- genetic characteristics
- disability
- having been pardoned of a criminal conviction

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## Article reviewers

Articles by the Centre for Work and Gender are reviewed by members of the following panel of people and organizations. Not every member reviewed every article; regional articles were reviewed by lawyers in that jurisdiction.

- Kathleen Avery, LLB, lawyer, Yukon Workers’ Safety and Compensation Board
- Barbara Bergmann, JD, lawyer, Workplace Sexual Harassment Clinic/Yukon Legal Services Society
- Meredith Brown, JD, lawyer, Calibrate
- Stephen Carpenter, LLB, lawyer, Workers Compensation Board of PEI
- Amber Chisholm, JD, associate director, Public Legal Education and Information Service of New Brunswick (PLEIS-NB)
- Callandra Cochrane, JD, lawyer, Barbra Schlifer Commemorative Clinic
- Alexander Dezan, JD, legal counsel, Yukon Human Rights Commission
- Sandra Guarascio, JD, lawyer, investigator, facilitator, Roper Greyell LLP Employment + Labour Lawyers
- Andrea Gunraj, vice-president, public engagement, Canadian Women’s Foundation
- Sara Hanson, JD, senior associate, Moore Edgar Lyster LLP
- Noah Jacobs, BA, Public Legal Information Association of NL
- Khurram Khurshid, LLB, research officer, New Brunswick Human Rights Commission
- Raphaëlle Laframboise-Carignan, JD, lawyer, RavenLaw LLP
- Kevin Love, JD, lawyer, Community Legal Assistance Society, BC
- Sarah McCoubrey, BFA, JD, MEd, lawyer, Calibrate
- Lesley McCullough, JD, founder and director, Workplace Sexual Harassment Legal Clinic, Yukon
- Alison McEwen, JD, RavenLaw LLP
- Garreth McGrath, JD, legal support navigator, Public Legal Information Association of NL
- Sarah McHugh-Wade, BA, legal support navigator, the Journey Project
- Sandra MacKenzie, JD, lawyer, Lawson Lundell LLP
- Anna-Marie Manley, LLB, lawyer, Patterson Law
- Deepa Mattoo, LLB, lawyer and executive director, Barbra Schlifer Commemorative Clinic
- Loretta Merritt, LLB, LLM, lawyer, Torkin Manes Barristers & Solicitors
- Chetan Muram, JD, counsel, Toronto Workers’ Health and Safety Legal Clinic
- Gobhina Nagarajah, JD, staff solicitor, Newfoundland and Labrador Human Rights Commission
- Alex Norris, JD, associate, Carbert Waite LLP
- Anita Nowinka, BSc, JD, associate, Carbert Waite LLP
- Kim Nutz, JD, Sunstone Legal in association with West Legal
- Kevin O’Shea, JD, executive director, Public Legal Information Association of NL
- Coral Rajchgot, LLB, JD, former intern, Aftermetoo
- Carley Reynolds, BA, criminology; JD, counsel, Donich Law
- Lucie Roubin, avocate, Juripop
- Ginette Savoie, director, Workers’ Advocate, Government of New Brunswick
- Paméla Schiavoni, JD, lawyer, New Brunswick Human Rights Commission
- Mary Shortall, president, Newfoundland and Labrador Federation of Labour
- Morgan Sim, JD, MA, international relations, lawyer, Parker Sim LLP
- Cécile Simon, JD, avocate-conseillère, Juripop, Bureau du respect de la personne
- Michelle Squires, JD, project manager, Canadian Mental Health Association, York Region
- Dayna Steinfeld, LLB, JD, Winnipeg lead lawyer, RavenLaw LLP
- Keir Vallance, JD, lawyer, Bainbridge Jodouin Cheecham Barristers & Solicitors
- Sherri Walsh, JD, managing partner, Hill Sokalski Walsh LLP
- Madeleine Werker, JD, associate, Grosman Gale Fletcher Hopkins LLP
- Canadian Labour Congress
- The Help and Information Center on Workplace Harassment (GAIHST)
- Newfoundland and Labrador Human Rights Commission
