Canada Labour Code (R.S.C., 1985, c. L-2)
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Act current to 2024-06-20 and last amended on 2024-06-20. Previous Versions
AMENDMENTS NOT IN FORCE
— 2012, c. 27, s. 35, as amended by 2017, c. 20, s. 268(3) and 2018, c. 27, ss. 530(2), (3)
2000, c. 12
35 On the day on which subsection 107(1) of the Modernization of Benefits and Obligations Act comes into force,
(a) subsections 206.1(1) and (2) of the Canada Labour Code are replaced by the following:
Entitlement to leave
206.1 (1) Subject to subsections (2) and (3), every employee is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for
(a) a new-born child of the employee;
(b) 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; or
(c) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act.
Period when leave may be taken
(2) The leave of absence granted under this section may only be taken during the 78-week period beginning
(a) in the case of a child described in paragraph (1)(a), at the option of the employee, on the day the child is born or comes into the actual care of the employee;
(b) in the case of a child described in paragraph (1)(b), on the day the child comes into the actual care of the employee; and
(c) in the case of a child described in paragraph (1)(c), on the day the requirements referred to in that paragraph are met.
(b) subsection 206.1(3) of the Canada Labour Code is replaced by the following:
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 event, as described in any of paragraphs (1)(a) to (c), shall not exceed 63 weeks.
— 2017, c. 20, s. 350
350 The Act is amended by adding the following after section 154:
Publication
154.1 The Minister may, subject to the regulations, make public the name of an employer convicted of an offence under this Part, the nature of the offence, the punishment imposed and any other prescribed information.
— 2017, c. 20, s. 376
376 The Act is amended by adding the following after section 259.1:
Publication
259.2 The Minister may, subject to the regulations, make public the name of an employer convicted of an offence under this Part, the nature of the offence, the punishment imposed and any other information prescribed by regulation.
— 2018, c. 27, s. 312
2012, c. 27
312 On the first day on which both section 35 of the Helping Families in Need Act has produced its effects and section 310 of this Act is in force, subsection 206.1(3) of the Canada Labour Code is replaced by the following:
Aggregate leave — employees
(3) The aggregate amount of leave that may be taken by more than one employee under this section in respect of the same event, as described in paragraphs (1)(a) to (c), shall not exceed 71 weeks, but the amount of leave that may be taken by one employee under this section in respect of the same event shall not exceed 63 weeks.
— 2018, c. 27, s. 451
451 The heading of Division III of Part III of the Act is replaced by the following:
Equal Treatment
— 2018, c. 27, s. 452
452 The Act is amended by adding the following after section 182:
Prohibition — rate of wages
182.1 (1) An employer is prohibited from paying one employee a rate of wages that is less than the rate paid to another of that employer’s employees due to a difference in their employment status, if
(a) they work in the same industrial establishment;
(b) they perform substantially the same kind of work;
(c) the performance of that work requires substantially the same skill, effort and responsibility;
(d) their work is performed under similar working conditions; and
(e) any other factor that may be prescribed by regulation is present.
Exception
(2) Subsection (1) does not apply if the difference in employees’ rates of wages is due to a system based on
(a) seniority;
(b) merit;
(c) the quantity or quality of each employee’s production; or
(d) any other criterion that may be prescribed by regulation.
Prohibition — reduction in rate of wages
(3) An employer is prohibited from reducing an employee’s rate of wages in order to comply with subsection (1).
Request for review
182.2 (1) If an employee who believes that their rate of wages does not comply with subsection 182.1(1) makes a written request to the employer for a review of the rate, the employer must, within 90 days after receiving the request, conduct a review of the employee’s rate of wages and provide the employee with a written response that includes
(a) a statement that the employer has increased their rate of wages in order to comply with subsection 182.1(1); or
(b) a statement, including reasons, that the employee’s current rate of wages complies with subsection 182.1(1).
Payment of wages
(2) If an employer increases an employee’s rate of wages in order to comply with subsection 182.1(1), the employer must pay the employee an amount equal to the difference between the two rates of wages from the day on which the employee makes their request under subsection (1) to the day on which the employer starts paying the employee the increased rate of wages.
Prohibition — dismissal etc.
(3) An employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee has made a request under subsection (1) or taking such a request into account in any decision to promote or train the employee.
Notice of employment opportunities
182.3 If an employer carries out a practice of informing employees of employment or promotion opportunities in writing, the employer must inform all their employees, regardless of their employment status.
Regulations
182.4 The Governor in Council may make regulations
(a) defining any term for the purposes of this Division;
(b) setting out factors for the purpose of paragraph 182.1(1)(e);
(c) setting out criteria for the purpose of paragraph 182.1(2)(d);
(d) modifying the provisions of section 182.1 or 182.2 for the purpose of the application of this Division to any class of employees; and
(e) exempting any class of employees from the application of section 182.1 or 182.2.
— 2018, c. 27, s. 457(2)
457 (2) Subsection 189(1.5) of the Act is replaced by the following:
Exception
(1.5) For the purposes of an employee’s employment by the second employer, this section does not apply in respect of the calculation of the employee’s entitlement under section 230, if the first employer complied with subsection 212.1(1) or section 230, as the case may be, in respect of their employment by that employer.
— 2018, c. 27, s. 460
460 Paragraph 203(2)(b) of the Act is replaced by the following:
(b) modifying, to the extent that the Governor in Council considers necessary, the provisions of Division I.1, IV, V, VII, VIII, IX, X, XI, XIII or XIV so that, as far as practicable, employees engaged in multi-employer employment will be entitled to the same rights and benefits under that Division as employees employed by one employer.
— 2018, c. 27, s. 461
461 The Act is amended by adding the following after section 203:
DIVISION VI.1Temporary Help Agencies
Application
203.01 This Division applies to an employer who is a temporary help agency and to those of its employees who perform work assignments in its clients’ industrial establishments.
Prohibition
203.1 (1) An employer is prohibited from
(a) charging a fee to a person in connection with him or her becoming its employee;
(b) charging a fee to its employee for assigning or attempting to assign him or her to perform work for a client;
(c) charging a fee to its employee for any assignment or job preparation services, including assisting him or her in preparing resumes or preparing for job interviews;
(d) charging a fee to its employee for him or her establishing an employment relationship with one of its clients;
(e) charging a fee to a client for establishing an employment relationship with an employee if the day on which the employee’s first assignment with the client started is more than six months before the day on which the client establishes the employment relationship with the employee; and
(f) preventing or attempting to prevent an employee from establishing an employment relationship with a client.
Payment
(2) If an employee pays any fee described in any of paragraphs (1)(a) to (d), the employer must pay to the employee an amount equal to that fee.
Equal treatment
203.2 (1) An employer is prohibited from paying an employee a rate of wages that is less than the rate the client pays to its employee if
(a) they work in the same industrial establishment;
(b) they perform substantially the same kind of work;
(c) the performance of that work requires substantially the same skill, effort and responsibility;
(d) their work is performed under similar working conditions; and
(e) any other factor that may be prescribed by regulation is present.
Exception
(2) Subsection (1) does not apply if the difference in employees’ rates of wages is due to a system based on
(a) seniority;
(b) merit;
(c) the quantity or quality of each employee’s production; or
(d) any other criterion that may be prescribed by regulation.
Prohibition — reduction in rate of wages
(3) A client is prohibited from reducing their employee’s rate of wages in order to enable the employer to comply with subsection (1).
Request for review
203.3 (1) If an employee who believes that their rate of wages does not comply with subsection 203.2(1) makes a written request to the employer for a review of the rate, the employer must, within 90 days after receiving the request, conduct a review of the employee’s rate of wages and provide the employee with a written response that includes
(a) a statement that the employer has increased their rate of wages in order to comply with subsection 203.2(1); or
(b) a statement, including reasons, that the employer has not increased their rate of wages.
Payment of wages
(2) If an employer increases an employee’s rate of wages in order to comply with subsection 203.2(1), the employer must pay the employee an amount equal to the difference between the two rates of wages from the day on which the employee makes their request under subsection (1) to the date on which the employer starts paying the employee the increased rate of wages.
Prohibition — dismissal etc.
(3) An employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee has made a request under subsection (1) or taking such a request into account in any decision to promote or train the employee or to provide an assignment to them.
Inspections and complaints
203.4 If an inspection that relates to an employer’s compliance with this Division is carried out under this Part or a complaint is made under section 251.01(1) that relates to the contravention of this Division by the employer, section 249 applies in respect of the employer’s clients as if they were the employer.
Regulations
203.5 The Governor in Council may make regulations
(a) defining any term for the purposes of this Division;
(b) setting out factors for the purpose of paragraph 203.2(1)(e);
(c) setting out criteria for the purpose of paragraph 203.2(2)(d);
(d) modifying the provisions of any section of this Division for the purpose of the application of this Division to any class of employees; and
(e) exempting any class of employees from the application of any provision of this Division.
— 2018, c. 27, s. 478
478 (1) The definition redundant employee in section 211 of the Act is replaced by the following:
- redundant employee
redundant employee means an employee whose employment is terminated in a group termination of employment or whose employment is to be terminated in accordance with a notice under subsection 212(1). (surnuméraire)
(2) Section 211 of the Act is amended by adding the following in alphabetical order:
- group notice period
group notice period means the 16-week period preceding the group termination period. (période de préavis de licenciement collectif)
- group termination of employment
group termination of employment means the termination by an employer, either simultaneously or within any four-week period, determined in accordance with any regulations, of the employment of a group of 50 or more employees — or of any lesser number of employees that is prescribed by regulations that are applicable to the employer — within a particular industrial establishment. (licenciement collectif)
- group termination period
group termination period means the four-week period, determined in accordance with any regulations, starting on the date of the first termination of employment identified in a notice of group termination of employment given under subsection 212(1). (période de licenciement collectif)
(3) Section 211 of the Act is renumbered as subsection 211(1) and is amended by adding the following:
Application
(2) For the purposes of this Division, if an employer gives notice under subsection 212(1) and the number of redundant employees whose employment is terminated is less than 50 — or any lesser number that is prescribed by regulations that are applicable to the employer — the termination of those employees is deemed to be a group termination of employment.
— 2018, c. 27, s. 479
479 Subsections 212(1) and (2) of the Act are replaced by the following:
Notice — Minister
212 (1) An employer must give notice to the Minister, in writing, of any group termination of employment at least 16 weeks before the first date of termination of employment of an employee in the group.
Exception
(1.1) If an employer terminates the employment of at least 50 employees — or any lesser number that is prescribed by regulations that are applicable to the employer — on the same day and pays them at least 16 weeks’ wages under paragraph 212.1(1)(b), the group notice period is deemed to begin on that day and the notice referred to in subsection (1) is to be given at least 48 hours before that date.
Copy of notice
(2) A copy of any notice given under this section must be given immediately by the employer to the Minister of Employment and Social Development and the Canada Employment Insurance Commission.
Copy of notice — union and redundant employee
(2.1) Subject to subsection (2.2), the employer must immediately give a copy of any notice given under subsection (1) to any trade union representing a redundant employee, and if any redundant employee is not represented by a trade union, a copy of that notice must be given immediately to the employee or immediately posted by the employer in a conspicuous place within the industrial establishment in which that employee is employed.
Copy of notice — subsection (1.1)
(2.2) If subsection (1.1) applies, the employer must give a copy of the notice to any trade union representing a redundant employee referred to in that subsection on the date of the group termination of employment.
— 2018, c. 27, s. 480
480 Section 213 of the Act is replaced by the following:
Redundant employee — employment terminated
212.1 (1) In addition to giving notice under section 212, the employer must give each redundant employee whose employment is terminated during the group notice period or the group termination period
(a) notice in writing of the employer’s intention to terminate their employment on a date specified in the notice, which cannot be before the day after the group notice period ends, at least eight weeks before that date;
(b) wages in lieu of notice, at their regular rate of wages for their regular hours of work, for at least eight weeks or, if it is greater, the number of weeks between the day on which their employment is terminated and the day on which the group notice period ends; or
(c) any combination of notice and amounts of wages in lieu of notice so that the total of the number of weeks of notice in writing and the number of weeks for which wages are paid in lieu of notice is equivalent to at least eight weeks or, if it is greater, the number of weeks between the day on which the redundant employee is given notice of the date of the termination of their employment and the day on which the group notice period ends.
Failure to give group notice
(2) For the purposes of calculating a redundant employee’s entitlement under subsection (1), if an employer does not give notice under section 212, the group notice period is deemed to start on the earlier of the day on which the redundant employee receives written notice of the termination of their employment and the day of the termination of the employment of the redundant employee.
Insufficient group notice
(3) For the purposes of calculating a redundant employee’s entitlement under subsection (1), if an employer gives notice under subsection 212(1) fewer than 16 weeks before the date of the termination of the employment of the redundant employee, the group notice period is deemed to start on the earlier of the day on which the employer gives notice under that subsection and the day on which the redundant employee receives written notice of the termination of their employment.
Collective agreement
(4) If an employer is bound by a collective agreement that contains a provision authorizing a redundant employee to displace another employee on the basis of seniority, the displaced employee is a redundant employee for the purposes of this Division.
Notice
(5) If a redundant employee displaces another employee, the employer must give the displaced redundant employee notice under subsection (1) and must give a copy of that notice to the trade union that is a party to the collective agreement.
Conditions of employment
(6) If an employer gives notice under paragraph (1)(a) or (c), the employer
(a) is prohibited from reducing the rate of wages or altering any other term or condition of employment of the redundant employee except with the written consent of that employee; and
(b) must, between the time when the notice is given and the day on which the employee’s employment is terminated, pay to them their regular rate of wages for their regular hours of work.
Expiration of notice
(7) If a redundant employee to whom notice is given under paragraph (1)(a) or (c) continues to be employed by the employer for more than two weeks after the date specified in the notice, the employer is prohibited from terminating the employment of the employee, unless
(a) it is with their written consent;
(b) it is by way of dismissal for just cause;
(c) it is a termination of employment under another group termination and the employer complies with this Division; or
(d) it is an individual termination of employment and the employer complies with Division X.
Statement of benefits
(8) An employer must give each redundant employee whose employment is terminated a statement in writing that sets out their vacation benefits, wages, severance pay and any other benefits and pay arising from their employment with the employer as at the date of the statement. The statement must be given to the employee
(a) in the case of an employee who receives notice under paragraph (1)(a), as soon as possible, but not later than two weeks before the date of the termination of their employment;
(b) in the case of an employee who receives wages in lieu of notice under paragraph (1)(b), not later than the date of the termination of their employment; and
(c) in the case of an employee who receives a combination of notice and wages in lieu of notice under paragraph (1)(c), as soon as possible, but not later than two weeks before the date of the termination of their employment unless the period of notice is shorter, in which case, the day on which notice is given to the employee of the date of the termination of their employment.
Cooperation with Commission
213 An employer who carries out a group termination and any trade union representing a redundant employee must give the Canada Employment Insurance Commission any information requested by it for the purpose of assisting any redundant employee and must cooperate with the Commission to facilitate the re-establishment in employment of that employee.
Transitional support measures
213.1 (1) Unless the employer gives a redundant employee referred to in subsection 212.1(1) notice under paragraph 212.1(1)(a), they must provide the transitional support measures set out in the regulations to that redundant employee.
Amount payable
(2) If an employer fails to provide the transitional support measures required under subsection (1), the redundant employee is entitled to be paid an amount equal to the prescribed value of those measures.
— 2018, c. 27, s. 481
481 (1) Section 227 of the Act is amended by adding the following after paragraph (a):
(a.1) prescribing circumstances where an employer is exempted from the application of a provision of this Division and any measure that that employer must take in respect of redundant employees;
(2) Section 227 of the Act is amended by adding the following after paragraph (b):
(b.1) establishing the method of determining the four-week period referred to in the definition group termination of employment;
(b.2) establishing the method of determining the four-week period referred to in the definition group termination period;
(3) Section 227 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (d):
(e) defining the expressions “regular rate of wages” and “regular hours of work”; and
(f) respecting transitional support measures to be provided under section 213.1, including establishing the value of those measures for the purposes of subsection 213.1(2).
— 2018, c. 27, s. 482
482 Section 228 of the Act is repealed.
— 2018, c. 27, s. 484
484 Section 229.1 of the Act is replaced by the following:
Application
229.1 This Division does not apply to an employee
(a) who is a redundant employee to whom subsection 212.1(1) applies; or
(b) whose termination of employment is by way of dismissal for just cause.
— 2018, c. 27, s. 493, as amended by 2020, c. 5, s. 44
493 Paragraph 246.1(1)(a) of the Act is replaced by the following:
(a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4), 177.1(7), 182.2(3) or 203.3(3) or of section 208, 209.3, 238, 239, 239.01, 239.1 or 247.96;
— 2018, c. 27, s. 498
498 (1) Section 251.01 of the Act is amended by adding the following after subsection (1):
Restriction
(1.1) If an employee made a request under subsection 182.2(1) or 203.3(1), they are prohibited from making a complaint in respect of a contravention of subsection 182.1(1) or 203.2(1), as the case may be, until the earlier of the day on which the period set out in the subsection under which they made the request expires and the day on which they receive the employer’s response under that subsection.
(2) Section 251.01 of the Act is amended by adding the following after subsection (2):
Complaints — equal treatment
(2.1) Despite subsection (2), a complaint in respect of a contravention of subsection 182.1(1) or 203.2(1) shall be made within six months from
(a) in the case of an employee who made a request under subsection 182.2(1) or 203.3(1), the earlier of the day on which the complainant received the employer’s response and the day on which the period set out in the subsection under which they made the request expires; and
(b) in any other case, the day on which the complainant knew, or in the inspector’s opinion ought to have known, of the action or circumstances giving rise to the complaint.
(3) The portion of subsection 251.01(3) of the Act before paragraph (a) is replaced by the following:
Extension of time
(3) The Minister may, subject to the regulations, extend the period set out in subsection (2) or (2.1)
(4) [In force]
(5) Subsection 251.01(4) of the Act is replaced by the following:
Exception
(4) Despite subsection (3.1), the employee may file a complaint under subsection (1) if it relates only to the payment of their wages or other amounts to which they are entitled under this Part, including amounts referred to in subsections 212.1(1), 230(1) and 235(1), and that complaint is suspended until the day on which the complaint made under subsection 240(1), 246.1(1) or 247.99(1), as the case may be, is withdrawn or resolved.
— 2018, c. 27, s. 501
501 Section 251.1 of the Act is amended by adding the following after subsection (1.1):
Equal treatment
(1.2) Despite subsection (1.1), if a complaint is made in respect of a contravention of subsection 182.1(1) or 203.2(1), any payment order respecting that complaint may only take into account the difference in wages from the earlier of the day on which the complaint is made and the day on which the employee makes a request under subsection 182.2(1) or 203.3(1).
— 2018, c. 27, s. 505(3)
505 (3) Paragraph 264(1)(e.1) of the Act is replaced by the following:
(e.1) respecting the calculation and payment of the wages and other amounts to which an employee whose wages are paid on a commission basis, on a salary plus commission basis or on any other basis other than time is entitled to under Divisions V, VII, VIII, IX, X and XI;
— 2018, c. 27, s. 518
Section 182.1 of Canada Labour Code
518 If a collective agreement that is in effect on the day on which section 452 of this Act comes into force contains a provision that permits differences in rates of wages based on employment status and there is a conflict between that provision and section 182.1 of the Canada Labour Code, as enacted by that section 452, the provision of the collective agreement prevails to the extent of the conflict until the day that is two years after the day on which that section 452 comes into force.
— 2018, c. 27, s. 520
Section 203.2 of Canada Labour Code
520 If a collective agreement that is in effect on the day on which section 461 of this Act comes into force contains a provision that permits differences in rates of wages between employees of a temporary help agency and rates of wages paid to their client’s employees and there is a conflict between that provision and section 203.2 of the Canada Labour Code, as enacted by that section 461, the provision of the collective agreement prevails to the extent of the conflict until the day that is two years after the day on which that section 461 comes into force.
— 2018, c. 27, s. 521
Group termination of employment
521 If an employer gives notice under subsection 212(1) of the Canada Labour Code before the day on which section 479 of this Act comes into force, Divisions IX and X of Part III of the Canada Labour Code, as they read on the day on which that notice was given, applies to the employer and to the employees affected by the terminations of employment set out in that notice.
— 2018, c. 27, ss. 622(1), (6), (7)
This Act
622 (1) On the first day on which both section 479 and subsection 574(1) are in force, subsection 212(1) of the Canada Labour Code is replaced by the following:
Notice — Head
212 (1) An employer must give notice to the Head, in writing, of any group termination of employment at least 16 weeks before the first date of termination of employment of an employee in the group.
(6) On the first day on which both subsection 498(2) and section 535 are in force, paragraph 251.01(2.1)(b) of the Canada Labour Code is replaced by the following:
(b) in any other case, the day on which the complainant knew, or in the Head’s opinion ought to have known, of the action or circumstances giving rise to the complaint.
(7) On the first day on which both subsections 498(3) and 591(2) are in force, the portion of subsection 251.01(3) of the Canada Labour Code before paragraph (a) is replaced by the following:
Extension of time
(3) The Head may, subject to the regulations, extend the period set out in subsection (2) or (2.1)
— 2020, c. 5, ss. 45(1), (3)
2018, c. 27
45 (1) In this section, other Act means the Budget Implementation Act, 2018, No. 2.
(3) If subsection 43(2) of this Act comes into force before section 493 of the other Act, then, on the day on which that section 493 comes into force, paragraph 246.1(1)(a) of the Canada Labour Code is replaced by the following:
(a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4), 177.1(7), 182.2(3) or 203.3(3) or of section 208, 209.3, 238, 239, 239.1 or 247.96;
— 2021, c. 27, s. 6.1, as amended by 2024, c. 15, s. 204
6.1 Subsection 210(1) of the Act is replaced by the following:
Employee entitled
210 (1) Except when subsection (1.01) applies, every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family or a family member in respect of whom the employee is, at the time of the death, on leave under section 206.3 or 206.4, a leave of absence from employment of up to 10 days that may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that deceased person occurs.
Employee entitled — child
(1.01) Every employee is entitled to and shall be granted, in the event of the death of a child of the employee or the death of a child of their spouse or common-law partner, a leave of absence from employment of up to eight weeks that may be taken during the period that begins on the day on which the death occurs and ends 12 weeks after the latest of the days on which any funeral, burial or memorial service of the child occurs.
Definition of child
(1.02) In subsection (1.01), child means
(a) a person who is under 18 years of age; or
(b) a person in respect of whom the employee or their spouse or common-law partner, as the case may be, is entitled to the Canada caregiver credit under paragraph 118(1)(d) of the Income Tax Act.
— 2021, c. 27, s. 7.1, as amended by 2022, c. 10, s. 424
7.1 The Act is amended by adding the following after section 239:
Application — 100 or more employees
239.001 The provisions of this Division respecting the medical leave of absence with pay apply to an employer and its employees beginning on the first day on which, as of the day on which this section comes into force, the employer has 100 or more employees, even if the number of employees falls below 100 after that first day.
— 2022, c. 10, s. 426
426 Section 239.001 of the Canada Labour Code is repealed.
— 2023, c. 15, s. 64
64 Subsection 9(2) of the Canada Labour Code is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(f) any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under the Use of French in Federally Regulated Private Businesses Act.
— 2023, c. 15, s. 65
65 Subsection 10(3) of the Act is replaced by the following:
Exception
(3) The members of the Board appointed under paragraph 9(2)(e) or (f) are to be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for terms not exceeding three years each, subject to removal by the Governor in Council at any time for cause.
Members appointed under paragraph 9(2)(f)
(3.1) The members of the Board appointed under paragraph 9(2)(f) must have experience and expertise in official language rights.
— 2023, c. 15, s. 66
66 Subsection 11(2) of the Act is replaced by the following:
Part-time occupation
(2) A part-time Vice-Chairperson, or a member appointed under paragraph 9(2)(e) or (f), must not hold any other employment or office in respect of which they receive any remuneration and that is inconsistent with their duties under this Act or the Use of French in Federally Regulated Private Businesses Act.
— 2023, c. 15, s. 67
67 Section 12.02 of the Act is amended by adding the following after subsection (4):
Members — paragraph 9(2)(f)
(5) For greater certainty, members appointed under paragraph 9(2)(f) are not permitted to vote on the making of regulations under section 15.
— 2024, c. 12, s. 1
2017, c. 20, s. 322(2)
1 Subsection 12.001(1) of the Canada Labour Code is replaced by the following:
Appointment of external adjudicator
12.001 (1) The Chairperson may, if the Chairperson considers it advisable, appoint an external adjudicator to determine any matter that comes before the Board under section 87.4 or Part II, III or IV.
— 2024, c. 12, s. 2
2 Section 16 of the Act is amended by adding the following after paragraph (m.1):
(m.2) to make any order and give any direction that the Board considers appropriate for the purpose of expediting proceedings or preventing an abuse of process;
— 2024, c. 12, s. 3
2017, c. 20, s. 333
3 Subsection 22(1) of the Act is replaced by the following:
Order and decision final
22 (1) Subject to this Part and to any regulations made under paragraph 111.01(1)(g), every order or decision made by the Board under this Part is final and is not to be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
— 2024, c. 12, s. 4
1998, c. 26, s. 13
4 Subsection 29(1.1) of the Act is replaced by the following:
Persons not in a unit
(1.1) Any person whose services are being used contrary to subsection 94(4) is not an employee in the unit.
— 2024, c. 12, s. 5
5 Section 87.2 of the Act is amended by adding the following after subsection (3):
Conditions precedent
(4) The notices referred to in subsections (1) to (3) may be given only in the following circumstances:
(a) if the trade union and the employer have entered into an agreement referred to in subsection 87.4(2), a copy of it has been filed with the Minister and the Board in accordance with subsection 87.4(3); or
(b) if the trade union and the employer have not entered into an agreement referred to in subsection 87.4(2), the Board has determined an application made by either of them under subsection 87.4(4).
— 2024, c. 12, s. 6
1998, c. 26, s. 37
6 (1) Subsections 87.4(2) to (5) of the Act are replaced by the following:
Agreement
(2) An employer and a trade union must, no later than 15 days after the day on which notice to bargain collectively has been given, enter into an agreement with respect to compliance with subsection (1) that sets out
(a) the supply of services, operation of facilities or production of goods that they consider necessary to continue in the event of a strike or a lockout; and
(b) the manner and extent to which the employer, the trade union and the employees in the bargaining unit must continue that supply, operation and production, including the approximate number of those employees that, in the opinion of the employer and the trade union, would be required for that purpose.
For greater certainty
(2.1) For greater certainty, if the employer and the trade union conclude that it is not necessary to continue any supply of services, operation of facilities or production of goods in order to comply with subsection (1), they must set out this conclusion in the agreement referred to in subsection (2).
Filing with Minister and Board
(3) Immediately after entering into the agreement, the employer and the trade union must file a copy of it with the Minister and the Board. When the agreement is filed, it has the same effect as an order of the Board.
If no agreement entered into
(4) If the employer and the trade union do not enter into an agreement within the period referred to in subsection (2), the Board must, on application made by either of them, determine any question with respect to the application of subsection (1).
Referral
(5) The Minister may refer to the Board any question with respect to whether an agreement entered into by the employer and the trade union is sufficient to ensure that subsection (1) is complied with.
1998, c. 26, s. 37
(2) The portion of subsection 87.4(6) of the Act before paragraph (a) is replaced by the following:
Board order
(6) If, in determining an application made under subsection (4) or referral made under subsection (5), the Board is of the opinion that a strike or lockout could pose an immediate and serious danger to the safety or health of the public, the Board, may, by order
(3) Section 87.4 of the Act is amended by adding the following after subsection (6):
Time limit
(6.1) Despite subsection 14.2(2), the Board must determine an application made under subsection (4) or a referral made under subsection (5), make any order under subsection (6) and send a copy of its decision and any order to the parties no later than 82 days after the day on which it received the application or referral.
Late order or decision not invalid
(6.2) The failure of the Board to comply with the time limit does not affect the jurisdiction of the Board to continue with and determine the application or referral and any order or decision made by the Board after the time limit is not for that reason invalid.
For greater certainty
(6.3) For greater certainty, the Board may exercise any of its powers under this Part, including any powers respecting its processes and procedures, for the purpose of ensuring, to the extent possible, that it complies with the time limit referred to in subsection (6.1).
Filing of agreement before decision
(6.4) An employer and trade union may enter into an agreement referred to in subsection (2) and file it in accordance with subsection (3) at any time before the Board has determined an application made under subsection (4). If they do so, at the time of filing of the agreement, the Board ceases to be seized of the application.
— 2024, c. 12, s. 7
1998, c. 26, s. 37
7 Section 87.6 of the Act is replaced by the following:
Reinstatement of employees after strike or lockout
87.6 At the end of a strike or lockout not prohibited by this Part, the employer must reinstate employees in the bargaining unit who were on strike or locked out, in preference to any other person.
— 2024, c. 12, s. 8
1998, c. 26, s. 39
8 Paragraph 89(1)(e) of the Act is replaced by the following:
(e) the Board has determined any referral made pursuant to subsection 87.4(5); and
— 2024, c. 12, s. 9
1998, c. 26, s. 42(2)
9 (1) Subsection 94(2.1) of the Act is repealed.
(2) Section 94 of the Act is amended by adding the following after subsection (3):
Prohibition relating to replacement workers
(4) Subject to subsection (7), during a strike or lockout not prohibited by this Part, no employer or person acting on behalf of an employer shall use the services of any of the following persons to perform all or part of the duties of an employee who is in the bargaining unit on strike or locked out:
(a) any employee or any person who performs management functions or who is employed in a confidential capacity in matters related to industrial relations, if that employee or person is hired after the day on which notice to bargain collectively is given;
(b) any contractor, other than a dependent contractor, or any employee of another employer;
(c) any employee whose normal workplace is a workplace other than that at which the strike or lockout is taking place or who was transferred to the workplace at which the strike or lockout is taking place after the day on which notice to bargain collectively is given;
(d) any volunteer, student or member of the public.
Clarification — continuing services
(5) If, before the day on which notice to bargain collectively was given, an employer or person acting on behalf of an employer was using the services of a person referred to in paragraph (4)(b) and those services were the same as or substantially similar to the duties of an employee in the bargaining unit, they may continue to use those services throughout a strike or lockout not prohibited by this Part involving that unit so long as they do so in the same manner, to the same extent and in the same circumstances as they did before the notice was given.
Prohibition relating to employees in bargaining unit
(6) Subject to subsection (7), during a strike or lockout not prohibited by this Part that, with the exception of work performed for the purpose of compliance with section 87.4 or 87.7, is intended to involve the cessation of work by all employees in the bargaining unit, no employer or person acting on behalf of an employer shall use the services of any employee in that unit for a purpose other than compliance with those sections.
Exception — threat, destruction or damage
(7) An employer or person acting on behalf of an employer who uses the services of any person referred to in paragraphs (4)(a) to (d) or of an employee referred to in subsection (6) does not contravene subsection (4) or (6) if
(a) the services are used solely in order to deal with a situation that presents or could reasonably be expected to present an imminent or serious
(i) threat to the life, health or safety of any person,
(ii) threat of destruction of, or serious damage to, the employer’s property or premises, or
(iii) threat of serious environmental damage affecting the employer’s property or premises;
(b) the use of the services is necessary in order to deal with the situation because the employer or person acting on behalf of an employer is unable to do so by any other means, such as by using the services of a person who is not referred to in paragraphs (4)(a) to (d) or in subsection (6); and
(c) in the case of the services of a person referred to in paragraphs (4)(a) to (d), the employer or person acting on behalf of an employer gave the employees in the bargaining unit on strike or locked out the opportunity to perform the necessary work before using the services of that person.
For greater certainty
(8) For greater certainty, an employer or person acting on behalf of an employer may rely on subsection (7) only for the conservation purposes referred to in paragraph (7)(a) and not for the purpose of continuing the supply of services, operation of facilities or production of goods in a manner contrary to subsection (4) or (6).
— 2024, c. 12, s. 10
1998, c. 26, s. 45(2)
10 Paragraph 99(1)(b.3) of the Act is replaced by the following:
(b.3) in respect of a failure to comply with subsection 94(4), by order, require the employer to stop using, for the duration of the dispute, the services of any of the persons referred to in paragraphs 94(4)(a) to (d) to perform all or part of the duties of an employee who is in the bargaining unit on strike or locked out;
(b.4) in respect of a failure to comply with subsection 94(6), by order, require the employer to stop using, for the duration of the dispute, the services of any employee referred to in that subsection;
— 2024, c. 12, s. 11
11 The Act is amended by adding the following after section 99:
Time limit
99.01 (1) Despite subsection 14.2(2), if a complaint is made under section 97 in respect of an alleged failure by an employer or a person acting on behalf of an employer to comply with subsection 94(4) or (6), the Board must exercise its powers and perform its duties and functions under section 98 and, if applicable, under section 99, within the time limit prescribed by the regulations or, if no time limit is prescribed, as soon as feasible.
Copy of decision and order
(2) The Board must send a copy of its decision and any order to the parties and to the Minister within the time limit referred to in subsection (1).
— 2024, c. 12, s. 12
12 The Act is amended by adding the following after section 100:
Prohibited use of services during strike or lockout
100.1 Every employer who contravenes subsection 94(4) or (6) is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 for each day during which the offence is committed or continued.
— 2024, c. 12, s. 13
13 Section 111 of the Act is amended by adding the following after paragraph (f):
(g) prescribing a time limit for the purposes of subsection 99.01(1), as well as rules respecting the Board’s jurisdiction, and the validity of a decision or order made by it, after the time limit;
— 2024, c. 12, s. 14
14 The Act is amended by adding the following after section 111:
Administrative monetary penalties
111.01 (1) The Governor in Council may make regulations establishing an administrative monetary penalties scheme for the purpose of promoting compliance with subsections 94(4) and (6), including regulations
(a) designating as a violation the contravention of subsection 94(4) or (6);
(b) respecting the administrative monetary penalties that may be imposed for a violation, including in relation to
(i) the amount, or range of amounts, of the administrative monetary penalties that may be imposed on employers or classes of employers,
(ii) the factors to be taken into account in imposing an administrative monetary penalty,
(iii) the payment of administrative monetary penalties that have been imposed, and
(iv) the recovery, as a debt, of unpaid administrative monetary penalties;
(c) respecting the persons or classes of persons who are considered a party to the violation and the amount, or range of amounts, of the administrative monetary penalties for which they are liable;
(d) respecting what constitutes sufficient proof that a violation was committed;
(e) respecting the powers, duties and functions of the Board and of any person or class of persons who may exercise powers or perform duties or functions with respect to the scheme, including the designation of such persons or classes of persons by the Board;
(f) respecting the proceedings in respect of a violation, including in relation to
(i) commencing the proceedings,
(ii) the defences that may be available in respect of a violation, and
(iii) the circumstances in which the proceedings may be brought to an end; and
(g) respecting reviews or appeals of any orders or decisions in the proceedings.
Violation or offence
(2) If an act or omission may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.
— 2024, c. 12, s. 17
Words and expressions
17 (1) Unless the context otherwise requires, words and expressions used in this section have the same meaning as in the Canada Labour Code.
Maintenance of activities
(2) Subsections 12.001(1), 87.2(4) and 87.4(2) to (5), the portion of subsection 87.4(6) before paragraph (a), subsections 87.4(6.1) to (6.4) and paragraph 89(1)(e) of the Canada Labour Code, as enacted by sections 1, 5, 6 and 8, respectively, apply in respect of any collective bargaining if the notice to bargain collectively is given on or after the day on which this section comes into force.
Prohibitions — uses of services during strikes and lockouts
(3) Subsections 22(1) and 29(1.1), section 87.6, subsections 94(4) to (8), paragraphs 99(1)(b.3) and (b.4), sections 99.01 and 100.1, paragraph 111(g) and section 111.01 of the Canada Labour Code, as enacted by sections 3, 4 and 7, subsection 9(2) and sections 10 to 14, respectively, apply as of the day on which this section comes into force in respect of any strike or lockout that is ongoing on that day.
— 2024, c. 15, s. 197
197 Section 187.1 of the Canada Labour Code is amended by adding the following after subsection (2):
Application of section 210.2
(2.1) If an employee interrupts a vacation to take leave under Division VIII and resumes the vacation immediately at the end of that leave, section 210.2 applies to them as if they did not resume the vacation before returning to work.
— 2024, c. 15, s. 198
198 The Act is amended by adding the following after section 206.5:
Leave Related to Pregnancy Loss
Definitions
206.51 (1) The following definitions apply in this section.
- common-law partner
common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)
- stillbirth
stillbirth means the complete expulsion or extraction of a foetus from a person on or after the 20th week of pregnancy or after the foetus has attained at least 500 g, without any breathing, beating of the heart, pulsation of the umbilical cord or movement of voluntary muscle from the foetus after the expulsion or extraction. (mortinaissance)
Eligible employees
(2) An employee is eligible for the leave of absence referred to in subsection (3) if
(a) their pregnancy does not result in a live birth;
(b) the pregnancy of their spouse or common-law partner does not result in a live birth; or
(c) they intended to be the legal parent of the child that would have been born had another person’s pregnancy resulted in a live birth.
Entitlement to leave
(3) An employee who is eligible for a leave of absence under subsection (2) is entitled to and shall be granted a leave of absence of up to
(a) eight weeks, if the pregnancy resulted in a stillbirth; or
(b) three days, in any other case.
Pregnancy with multiples
(4) For the purposes of this section, the following apply in respect of a pregnancy of more than one foetus:
(a) an employee may take only one leave of absence under subsection (3) in respect of the pregnancy; and
(b) a pregnancy that does not result in a live birth includes a pregnancy that has ended without a live birth in respect of at least one foetus.
Period when leave may be taken
(5) The period during which the employee may take a leave of absence begins on the day on which the pregnancy does not result in a live birth and ends 26 weeks after that day.
Leave with pay
(6) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three days of leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.
Division of leave
(7) The leave of absence may be taken in one or two periods. The employer may require that each period of leave be not less than one day’s duration.
Regulations
(8) The Governor in Council may make regulations defining any expression for the purposes of this section, including the expressions “regular rate of wages” and “normal hours of work”.
— 2024, c. 15, s. 199
199 (1) Subsection 207.3(3) of the Act is replaced by the following:
Notice — leave of more than four weeks
(3) If the length of the leave taken under any of sections 206.3 to 206.5, paragraph 206.51(3)(a) or section 206.9 is more than four weeks, the notice in writing of any change in the length of the leave shall be provided on at least four weeks’ notice, unless there is a valid reason why that cannot be done.
(2) Subsection 207.3(5) of the Act is replaced by the following:
Return to work postponed
(5) If an employee who takes a leave of more than four weeks under any of sections 206.3 to 206.5 or paragraph 206.51(3)(a) wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the new end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.
— 2024, c. 15, s. 200
200 (1) Paragraph 209.4(a) of the Act is replaced by the following:
(a) specifying the absences from employment that are deemed not to have interrupted continuous employment referred to in any of sections 206.51 to 206.8;
(2) Paragraph 209.4(g) of the Act is replaced by the following:
(g) prescribing shorter periods of consecutive months of continuous employment for the purposes of subsections 206.51(6), 206.6(2), 206.7(2.1) and 206.8(1);
— 2024, c. 15, s. 201
201 (1) Subsection 210(1.3) of the Act is replaced by the following:
Notice to employer
(1.3) Every employee who takes the leave of absence shall, as soon as possible, provide the employer with a notice in writing of the beginning of any period of leave of absence, the reasons for the leave and the length of the leave that they intend to take.
Notice — change in length of leave
(1.4) Every employee who is on the leave of absence shall, as soon as possible, provide the employer with a notice in writing of any change in the length of the leave that they intend to take.
Notice — leave of more than four weeks
(1.5) If the length of the leave of absence is more than four weeks, the notice in writing of any change in the length of the leave shall be provided on at least four weeks’ notice, unless there is a valid reason why that cannot be done.
Return to work postponed
(1.6) If an employee who takes the leave of absence for more than four weeks wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the new end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.
Deemed part of leave
(1.7) The period of the postponement is deemed to be part of the leave.
(2) Subsection 210(3) of the Act is repealed.
— 2024, c. 15, s. 202
202 The Act is amended by adding the following after section 210:
Right to notice of employment opportunities
210.1 An employee who takes a leave of absence from employment under this Division is entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on the leave of absence and for which the employee is qualified, and on receiving the request, every employer of the employee shall inform the employee accordingly.
Resumption of employment in same position
210.2 (1) An employee who takes a leave of absence from employment under this Division is entitled to be reinstated in the position that the employee occupied when the leave of absence commenced, and the employer of the employee shall reinstate the employee in that position at the end of the leave.
Comparable position
(2) If for any valid reason an employer cannot reinstate an employee in the position referred to in subsection (1), the employer shall reinstate the employee in a comparable position with the same wages and benefits and in the same location.
Wages and benefits affected by reorganization
(3) If an employee takes leave under this Division and, during the period of that leave, the wages and benefits of the group of employees of which that employee is a member are changed as part of a plan to reorganize the industrial establishment in which that group is employed, that employee is entitled, on being reinstated in employment under this section, to receive the wages and benefits in respect of that employment that the employee would have been entitled to receive had they been working when the reorganization took place.
Notice of changes in wages and benefits
(4) The employer of every employee who is on a leave of absence under this Division and whose wages and benefits would be changed as a result of a reorganization referred to in subsection (3) shall notify the employee in writing of that change as soon as possible.
Right to benefits
210.3 (1) The pension, health and disability benefits and the seniority of any employee who takes a leave of absence from employment under this Division accumulate during the entire period of the leave.
Contributions by employee
(2) If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (1), the employee is responsible for and shall, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, before or within a reasonable time after taking the leave, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.
Contributions by employer
(3) An employer who pays contributions in respect of a benefit referred to in subsection (1) shall continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not on leave unless the employee does not pay the employee’s contributions, if any, within a reasonable time.
Failure to pay contributions
(4) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required under subsections (2) and (3), the benefits do not accumulate during the leave of absence and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.
Deemed continuous employment
(5) For the purposes of calculating benefits, other than benefits referred to in subsection (1), of an employee who takes a leave of absence under this Division, employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.
Effect of leave
210.4 Despite the provisions of any income-replacement scheme or any insurance plan in force at the workplace, an employee who takes a leave of absence from employment under this Division is entitled to benefits under the scheme or plan on the same terms as any employee who is absent from work for health-related reasons and is entitled to benefits under the scheme or plan.
Prohibition
210.5 No employer shall
(a) dismiss, suspend, lay off, demote or discipline an employee because the employee applies for, intends to take or has taken a leave of absence from employment under this Division; or
(b) take into account the fact that an employee applies for, intends to take or has taken a leave of absence from employment under this Division in any decision to promote or train that employee.
Regulations
210.6 The Governor in Council may make regulations
(a) defining the expression “immediate family” for the purposes of subsection 210(1);
(b) for the purposes of subsection 210(2),
(i) defining the expressions “regular rate of wages” and “normal hours of work”, and
(ii) prescribing shorter periods of consecutive months of continuous employment;
(c) specifying what does not constitute a valid reason for not reinstating an employee in the position referred to in subsection 210.2(2);
(d) for the purposes of this Division, specifying the absences from employment that are deemed not to have interrupted continuity of employment;
(e) specifying the circumstances in which a leave under this Division may be interrupted; and
(f) extending the period within which a leave under this Division may be taken.
— 2024, c. 15, s. 203
203 Subsection 246.1(1) of the Act is amended by adding the following after paragraph (a):
(a.1) the employer has taken action against the employee in contravention of paragraph 210.5(a) or (b);
— 2024, c. 15, s. 356
356 Subsection 187.1(2) of the Canada Labour Code is replaced by the following:
Application of section 209.1
(2) If an employee interrupts a vacation to take leave under any of sections 205.1, 206 to 206.1 and 206.3 to 206.9 and resumes the vacation immediately at the end of that leave, section 209.1 applies to them as if they did not resume the vacation before returning to work.
— 2024, c. 15, s. 357
357 The Act is amended by adding the following after section 206:
Leave for Placement of Child
Definitions
206.01 (1) The following definitions apply in this section.
- placement
placement means
(a) the placement of a child into the actual care of an employee for the purposes of adoption under the laws governing adoption in the province in which the employee resides;
(b) the arrival of a new-born child of an employee into the employee’s actual care, in the case where the person who gave birth to the child is not, or is not intended to be, a parent of the child; or
(c) any other case prescribed by regulation. (placement)
- week
week means the period between midnight on Saturday and midnight on the immediately following Saturday. (semaine)
Entitlement to leave
(2) Subject to subsections (7) and (8), every employee is entitled to and shall be granted a leave of absence from employment of up to 16 weeks for carrying out responsibilities related to a placement.
Period when leave may be taken
(3) The leave of absence may only be taken during the period
(a) beginning no earlier than six weeks before the week of the estimated date of the placement or, if the actual date of the placement is earlier than the estimated date, no earlier than the week of that actual date; and
(b) ending no later than 17 weeks following the week of the actual date of that placement.
Delayed placement
(4) If the placement is delayed, the period referred to in subsection (3) must not, subject to any extension under subsection (5), end later than 52 weeks following the week of the estimated date referred to in paragraph (3)(a).
Extension of period — child in hospital
(5) If, after placement, the child is hospitalized during the period referred to in subsection (3), the period is extended by the number of weeks during which the child is hospitalized.
Restriction
(6) An extension under subsection (5) must not result in the period referred to in subsection (3) ending later than 52 weeks following the week of the actual date of the placement.
Aggregate leave — employees
(7) The aggregate amount of leave that may be taken by more than one employee under this section in respect of the same placement must not exceed 16 weeks.
If placement will not occur
(8) If, during a leave of absence under this section, the employee is informed that the placement will not occur, the leave may continue until the end of the week after the week in which the employee is so informed.
— 2024, c. 15, s. 358
358 The Act is amended by adding the following after section 206.2:
Aggregate leave — leave for placement of child and parental leave
206.21 The aggregate amount of leave that may be taken by more than one employee under sections 206.01 and 206.1 in respect of the same child shall not exceed 85 weeks, but the aggregate amount of leave that may be taken by one employee under those sections in respect of the same child shall not exceed 77 weeks.
— 2024, c. 15, s. 359
359 (1) The portion of subsection 207(1) of the Act before paragraph (a) is replaced by the following:
Notification to employer
207 (1) Every employee who intends to take a leave of absence from employment under any of sections 206 to 206.1 shall
(2) Subsection 207(2) of the English version of the Act is replaced by the following:
Change in length of leave
(2) Every employee who intends to take or who is on a leave of absence from employment under any of sections 206 to 206.1 shall provide the employer with notice in writing of at least four weeks of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given, in which case the employee shall provide the employer with notice in writing as soon as possible.
— 2024, c. 15, s. 360
360 Section 207.01 of the Act is replaced by the following:
Minimum periods of leave
207.01 Subject to the regulations, a leave of absence under any of sections 206.01 and 206.3 to 206.5 may only be taken in one or more periods of not less than one week’s duration.
— 2024, c. 15, s. 361
361 Subsection 207.02(1) of the Act is replaced by the following:
Interruption
207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.01 and 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or 239.1(1).
— 2024, c. 15, s. 362
362 (1) Subsection 207.2(1) of the Act is replaced by the following:
Notification to employer — interruption for child’s hospitalization
207.2 (1) An employee who intends to interrupt their maternity or parental leave or their leave for the placement of a child in order to return to work as a result of the hospitalization of their child shall provide the employer with a notice in writing of the interruption as soon as possible.
(2) Subsection 207.2(3) of the Act is replaced by the following:
Refusal
(3) If the employer refuses the interruption or does not advise the employee within the week referred to in subsection (2), the leave under any of sections 206 to 206.1 is extended by the number of weeks during which the child is hospitalized. The aggregate amounts of leave referred to in subsections 206.01(7) and 206.1(3) and sections 206.2 and 206.21 are extended by the same number of weeks.
(3) Subsection 207.2(5) of the Act is replaced by the following:
End of interruption
(5) An employee who intends to return to their leave after the interruption shall, as soon as possible, advise the employer in writing of the date on which the leave is to resume.
— 2024, c. 15, s. 363
363 (1) Paragraph 209.4(a.2) of the Act is replaced by the following:
(a.2) prescribing the maximum number of periods of leave of absence that an employee may take under any of sections 206.01 and 206.3 to 206.5;
(2) Section 209.4 of the Act is amended by adding the following after paragraph (c):
(c.1) prescribing cases for the purposes of paragraph (c) of the definition placement in subsection 206.01(1);
(c.2) defining, for the purposes of section 206.01, any word or expression that is used but not defined in that section;
— 2024, c. 15, s. 364
Definition of Act
364 (1) In this section, Act means the Canada Labour Code.
Interruption of parental leave
(2) An employee who, on the day on which section 357 comes into force, is on parental leave under section 206.1 of the Act and is eligible for leave for the placement of a child under section 206.01 of the Act may interrupt their parental leave to take leave for the placement of a child. Their parental leave resumes immediately after the interruption ends.
Notice of interruption
(3) Section 207.1 of the Act applies, with any necessary modifications, with respect to an interruption under subsection (2).
Words and expressions
(4) Words and expressions used in this section have the same meaning as in the Act.
— 2024, c. 17, s. 245
245 Subsection 136(11) of the Canada Labour Code is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) a time limit for filling a vacant health and safety representative position.
— 2024, c. 17, s. 246
246 Paragraph 145(1)(a) of the English version of the Act is replaced by the following:
(a) terminate the contravention within the time that the Head may specify; and
— 2024, c. 17, s. 247
247 Subsection 175(1) of the Act is amended by adding the following after paragraph (b.1):
(b.2) defining the expressions “shift” and “work period” for the purposes of sections 173.01 and 173.1;
— 2024, c. 17, s. 248
248 The Act is amended by adding the following after section 177.1:
DIVISION I.2Policy on Disconnecting — Work-related Communication
Policy
177.2 (1) On or before the first anniversary of the day on which an employer becomes subject to this section, the employer must bring into effect a policy that includes the following elements:
(a) a general rule respecting work-related communication outside of scheduled hours of work, including the employer’s expectations and any opportunity for employees to disconnect from means of communication;
(b) any exceptions to the rule and their underlying rationale;
(c) the effective date of the policy; and
(d) any other elements that may be prescribed by regulation.
Exempted employees
(2) The employer may exclude from the application of the policy any employees who are exempted from sections 169, 171 and 174 or who are referred to in subsection 167(2).
Employees subject to collective agreement
(3) If the parties to a collective agreement agree, in writing, that the agreement meets the requirements of subsection (1) with respect to some or all of the employees who are subject to the agreement, this Division does not apply with respect to those employees.
Duty to update
177.3 The employer must bring into effect an updated version of the policy on or before the third anniversary of the effective date of its previous version.
Duty to consult
177.4 (1) In the development and updating of its policy, the employer must consult employees and provide them with at least 90 days to provide their comments.
Exception — excluded employees
(2) The employer is not required to consult any employees referred to in subsection 177.2(2) that it intends to exclude from the application of the policy.
Employees represented by trade union
(3) If an employee to whom this Division applies is represented by a trade union, the employer must conduct the consultation through the trade union.
Record keeping
177.5 In accordance with any requirements prescribed by regulation, the employer must keep a record of information related to the consultation of employees and to the development and updating of the policy.
Duty to post policy
177.6 (1) On or before the effective date of the policy, the employer must post and keep posted a copy of it in readily accessible places where it is likely to be seen by the employees to whom it applies.
Duty to provide policy
(2) The employer must provide a copy of the policy in paper or electronic form to every employee to whom the policy applies within 30 days after the day on which it starts applying to them.
Special needs
(3) If an employee is affected by a condition that impairs their ability to receive the policy when it is provided by a method that would otherwise be sufficient under this Division, the employer must provide them with the policy by any method of communication that readily permits them to receive it, including braille, large print, audio recording, sign language and verbal communication.
Prohibition
177.61 It is prohibited for an employer or person acting on behalf of an employer to intimidate, dismiss, penalize, discipline or otherwise take reprisals against an employee, or threaten to take any such action against an employee, because the employee
(a) asks the employer to comply with the policy;
(b) makes inquiries about their rights under the policy;
(c) files a complaint under the policy; or
(d) exercises or attempts to exercise a right under the policy.
Act and regulations prevail
177.7 (1) For greater certainty, this Act and the regulations prevail over the policy to the extent of any inconsistency between them.
Collective agreement
(2) For greater certainty, in the event of any inconsistency between the policy and a provision of a collective agreement that applies to employees to whom this Division applies, the collective agreement prevails to the extent of the inconsistency.
Regulations
177.8 The Governor in Council may make regulations
(a) prescribing the form of the policy for the purposes of subsection 177.2(1) and section 177.3;
(b) prescribing, for the purposes of paragraph 177.2(1)(d), any other elements to be included in the policy, including any elements to be included in respect of one or more employees or classes of employees; and
(c) prescribing the manner in which the policy is to be posted for the purposes of subsection 177.6(1).
— 2024, c. 17, s. 255
255 Subsection 264(1) of the Act is amended by adding the following after paragraph (f):
(g) specifying activities that are or are not considered work for the purposes of this Part or any of its Divisions or provisions;
(g.1) defining expressions such as “disconnect”, “scheduled hours of work” and “work-related communication” for the purposes of this Part or any of its Divisions or provisions;
— 2024, c. 17, s. 257
2018, c. 27
257 On the first day on which both section 249 of this Act and section 480 of the Budget Implementation Act, 2018, No. 2 are in force,
(a) section 212.1 of the Canada Labour Code is amended by adding the following after subsection (1):
Clarification
(1.1) The employer’s obligation to give and the employee’s right to receive notice or wages in lieu of notice under subsection (1) apply whether or not the employee has a right to avail themselves of any procedure for redress under this Part, including under subsection 240(1), with respect to the termination of their employment.
(b) subsection 242(5) of the Canada Labour Code is replaced by the following:
Payments under subsection 212.1(1), 230(1) or 235(1)
(5) For greater certainty, in making an order for compensation under subsection (4) the Board may, among other things, take into account any amount paid by the employer to the employee under subsection 212.1(1), 230(1) or 235(1).
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