Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
Full Document:
Assented to 2017-06-22
349 Sections 146.2 to 146.5 of the Act are replaced by the following:
Marginal note:Wages
146.5 An employee who is a party to a proceeding under subsection 146.1(1) and who attends at the proceeding, or any employee who has been summoned by the Board to attend at such a proceeding and who attends, is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.
350 The Act is amended by adding the following after section 154:
Marginal note: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.
351 Section 156 of the Act and the heading before it are replaced by the following:
Orders, Decisions and Directions of Board
Marginal note:Decision final
156 (1) Every order or decision made or direction issued by the Board under this Part is final and shall not be questioned or reviewed in any court.
Marginal note:No review by certiorari, etc.
(2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this Part.
352 Subsection 157(1) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after paragraph (a.1):
(a.2) prescribing the method for calculating and determining the regular rate of wages for the purpose of section 146.5; and
353 (1) The portion of subsection 241(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Complaint not settled
(3) If a complaint is not settled under subsection (2) within the period that the inspector endeavouring to assist the parties under that subsection considers to be reasonable in the circumstances, the inspector shall, on the written request of the person who made the complaint that the complaint be referred to the Board,
(2) Paragraph 241(3)(b) of the Act is replaced by the following:
(b) deliver to the Board the complaint made under subsection 240(1), any written statement giving the reasons for the dismissal provided under subsection (1) and any other statements or documents that the inspector has that relate to the complaint.
(2) The portion of subsection 242(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Decision of the Board
(3) Subject to subsection (3.1), the Board, after a complaint has been referred to it, shall
(3) The portion of subsection 242(3.1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Limitation on complaints
(3.1) No complaint shall be considered by the Board under subsection (3) in respect of a person if
(4) The portion of subsection 242(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Unjust dismissal
(4) If the Board decides under subsection (3) that a person has been unjustly dismissed, the Board may, by order, require the employer who dismissed the person to
355 Sections 243 and 244 of the Act are replaced by the following:
Marginal note:Order final
243 (1) Every order of the Board is final and shall not be questioned or reviewed in any court.
Marginal note:No review by certiorari, etc.
(2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under section 242.
Marginal note:Enforcement of orders
244 (1) Any person affected by an order of the Board under subsection 242(4), or the Minister on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.
Marginal note:Registration
(2) On filing in the Federal Court under subsection (1), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.
356 (1) The Act is amended by adding the following after section 246:
DIVISION XIV.1Complaints Relating to Reprisals
Marginal note:Complaint to Board
246.1 (1) Any employee may make a complaint in writing to the Board if they believe that their employer has taken any of the following reprisals against them:
(a) taking action against the employee in contravention of section 208, 209.3, 238, 239, 239.1 or 247.96;
(b) dismissing, suspending, laying off, or demoting the employee, imposing a financial or other penalty on the employee, or otherwise taking any disciplinary action against the employee, because the employee
(i) has made a complaint under this Part, other than a complaint under section 240,
(ii) has provided information regarding the wages, hours of work, annual vacation or conditions of work of any employee or provided any other assistance to the Minister or to an inspector in the exercise or performance of the Minister’s or the inspector’s powers, duties and functions under this Part,
(iii) has testified or is about to testify in a proceeding taken or an inquiry held under this Part, or
(iv) has exercised, or sought to exercise, any right conferred on the employee by this Part;
(c) taking into account the fact that the employee has taken any of the actions referred to in subparagraphs (b)(i) to (iv) in any decision with respect to the promotion or training of the employee; or
(d) threatening to take any of the reprisals referred to in paragraph (b) or (c).
Marginal note:Limitation — dismissal
(2) An employee who has been dismissed shall not make a complaint
Marginal note:Time for making complaint
(3) A complaint referred to in subsection (1) shall be made to the Board not later than 90 days after the day on which the employee knew or, in the Board’s opinion, ought to have known of the action or circumstances giving rise to the complaint.
Marginal note:Burden of proof
(4) A complaint made under subsection (1) is itself evidence that the reprisal was actually taken and, if a party to the complaint proceedings alleges that the reprisal was not taken, the burden of proof is on that party.
Marginal note:Suspension of complaint
246.2 (1) If satisfied that the employee must take measures before the complaint made under subsection 246.1(1) may be dealt with, the Board may suspend consideration of the complaint, in whole or in part.
Marginal note:Notice
(2) If the Board suspends a complaint, the Board shall notify the employee in writing and specify in the notice
Marginal note:End of suspension
(3) The suspension ends when, in the Board’s opinion, the measures specified in the notice have been taken.
Marginal note:Rejection of complaint
246.3 (1) The Board may reject a complaint made under subsection 246.1(1), in whole or in part,
(a) if the Board is satisfied that
(i) the complaint is not within its jurisdiction,
(ii) the complaint is frivolous, vexatious or not made in good faith,
(iii) the complaint has been settled between the employer and the employee,
(iv) there are other means available to the employee to resolve the subject matter of the complaint that the Board considers should be pursued,
(v) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator, or
(vi) in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject matter of the complaint and provides a third party dispute resolution process; or
(b) if consideration of the complaint was suspended under subsection 246.2(1) and if, in the Board’s opinion, the measures specified in the notice under subsection 246.2(2) were not taken within the specified time period.
Marginal note:Notice of rejection of complaint
(2) If the Board rejects a complaint, it shall notify the employee in writing, with reasons.
Marginal note:Board orders
246.4 If the Board determines that a complaint under subsection 246.1(1) is justified, the Board may, by order, require the employer to cease engaging in or to rescind the reprisal and, if applicable, to
(a) permit the employee who has made the complaint to return to the duties of their employment;
(b) reinstate the employee;
(c) pay to the employee compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for the reprisal, have been paid by the employer to the employee;
(d) pay to the employee compensation not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer; and
(e) do any other thing that the Board considers equitable for the employer to do to remedy or counteract any consequence of the reprisal.
Marginal note:Decisions final
246.5 (1) Every decision of the Board made under this Division is final and shall not be questioned or reviewed in any court.
Marginal note:No review by certiorari, etc.
(2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this Division.
Marginal note:Enforcement of orders
246.6 (1) Any person affected by an order of the Board under section 246.4, or the Minister on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.
Marginal note:Registration
(2) On filing in the Federal Court under subsection (1), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.
Marginal note:Complaint to Board
246.7 (1) Despite subsection 14(1), the Chairperson or a Vice-Chairperson of the Board, or a member of the Board appointed under paragraph 9(2)(e), may dispose of any complaint made to the Board under this Division and, in relation to any complaint so made, that person
Marginal note:Application of Part I provisions
(2) Subject to sections 246.5 and 246.6, the provisions of Part I respecting orders and decisions of and proceedings before the Board or any member under that Part apply in respect of all orders and decisions of and proceedings before the Board or the member under this Division.
(2) Paragraph 246.1(1)(b) of the Act is amended by adding the following after subparagraph (ii):
(ii.1) has provided information regarding the wages, hours of work, annual vacation or conditions of work of any employee or provided any other assistance to an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsections 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part,
(3) Section 246.7 of the Act is repealed.
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