Budget Implementation Act, 2017, No. 2 (S.C. 2017, c. 33)
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Assented to 2017-12-14
PART 5Various Measures (continued)
DIVISION 8R.S., c. L-2Canada Labour Code (continued)
Amendments to the Act (continued)
200 The Act is amended by adding the following after section 184:
Marginal note:Entitlement to vacation in one or more periods
184.1 A vacation granted to an employee under this Division is to be taken only in one period or, if the employee makes a request in writing and the employer approves it in writing, in more than one period.
201 Paragraph 185(b) of the Act is replaced by the following:
(b) shall, at any time that is prescribed by the regulations, pay to the employee
(i) if the vacation is taken in one period, the vacation pay to which the employee is entitled in respect of that vacation, or
(ii) if the vacation is taken in more than one period, for each period, the proportion of the vacation pay that the vacation taken is of the annual vacation to which the employee is entitled.
202 The Act is amended by adding the following after section 187:
Marginal note:Interruption
187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or 239.1(1).
Marginal note:Application of section 209.1
(2) If an employee interrupts a vacation to take leave under any of sections 205.1, 206, 206.1 and 206.3 to 206.8 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.
Marginal note:Application of subsection 239(1.1)
(3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) and resumes the vacation immediately at the end of that leave, subsection 239(1.1) applies to them as if they did not resume the vacation before returning to work.
Marginal note:Application of subsections 239.1(3) and (4)
(4) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.1(1) and resumes the vacation immediately at the end of that leave, subsections 239.1(3) and (4) apply to them as if they did not resume the vacation before returning to work.
Marginal note:Application of sections 247.93 to 247.95
(5) If an employee interrupts a vacation to take leave under section 247.5 and resumes the vacation immediately at the end of that leave, sections 247.93 to 247.95 apply to that employee as if they did not resume the vacation before returning to work.
Marginal note:Notice to employer — interruption of vacation
(6) An employee who intends to interrupt their vacation shall provide the employer with written notice of the interruption before or as soon as possible after the interruption begins.
Marginal note:Notice to employer — resumption of vacation
(7) An employee who interrupts their vacation and who intends to resume it immediately after the interruption ends shall provide the employer with written notice of the day on which they resume their vacation before or as soon as possible after that day.
Marginal note:Postponement
187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or 239.1(1), ends.
Marginal note:Notice to employer
(2) An employee who intends to postpone their vacation shall, as soon as possible, provide the employer with prior written notice of the postponement.
203 (1) Subsections 195(1) and (2) of the Act are replaced by the following:
Marginal note:Substitution — employees subject to collective agreement
195 (1) An employer may, in respect of one or more employees subject to a collective agreement, substitute any other day for a general holiday if the substitution is agreed to in writing by the employer and the trade union, and the substituted day shall, for that employee or those employees, be deemed to be a general holiday for the purposes of this Part.
Marginal note:Substitution — employees not subject to collective agreement
(2) Subject to subsection (3), an employer may, in respect of one or more employees not subject to a collective agreement, substitute any other day for a general holiday and the substituted day shall, for that employee or those employees, be deemed to be a general holiday for the purposes of this Part, if the substitution has been approved
(2) Subsection 195(3) of the English version of the Act is replaced by the following:
Marginal note:Posting of notice
(3) If any other day is to be substituted for a general holiday under subsection (2), the employer shall post a notice of the substitution in readily accessible places where it is likely to be seen by the affected employees, for at least 30 days before the substitution takes effect.
(3) Section 195 of the Act is amended by adding the following after subsection (3):
Marginal note:Exception
(4) Subsection (3) does not apply to a substitution in respect of one employee following a request made under subsection 177.1(1).
204 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, 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.
205 The heading of Division VII of Part III of the Act is replaced by the following:
Reassignment, Maternity Leave, Parental Leave, Compassionate Care Leave, Leave Related to Critical Illness, Leave Related to Death or Disappearance, Family Responsibility Leave, Leave for Victims of Family Violence and Leave for Traditional Aboriginal Practices
206 The Act is amended by adding the following after section 206.5:
Family Responsibility Leave
Marginal note:Leave — three days
206.6 (1) Every employee who has completed three consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to three days in every calendar year, to carry out the employee’s responsibilities related to
Marginal note:Division of leave
(2) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.
Marginal note:Documentation
(3) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.
Marginal note:Family member
(4) The Governor in Council may make regulations specifying the persons who are the employee’s family members for the purposes of subsection (1).
Leave for Victims of Family Violence
Marginal note:Definitions
206.7 (1) The definitions child and parent set out in subsection 206.5(1) apply in subsection (2).
Marginal note:Leave — 10 days
(2) Every employee who is a victim of family violence or who is the parent of a child who is a victim of family violence is entitled to and shall be granted a leave of absence from employment of up to 10 days in every calendar year, in order to enable the employee, in respect of such violence,
(a) to seek medical attention for themselves or their child in respect of a physical or psychological injury or disability;
(b) to obtain services from an organization which provides services to victims of family violence;
(c) to obtain psychological or other professional counselling;
(d) to relocate temporarily or permanently;
(e) to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding; or
(f) to take any measures prescribed by regulation.
Marginal note:Exception
(3) An employee is not entitled to a leave of absence with respect to any act of family violence if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.
Marginal note:Division of leave
(4) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.
Marginal note:Documentation
(5) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.
Leave for Traditional Aboriginal Practices
Marginal note:Leave — five days
206.8 (1) Every employee who is an Aboriginal person and who has completed three consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year, in order to enable the employee to engage in traditional Aboriginal practices, including
Marginal note:Division of leave
(2) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be not less than one day’s duration.
Marginal note:Documentation
(3) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation that shows the employee as an Aboriginal person. The employee shall provide that documentation only if it is reasonably practicable for him or her to obtain and provide it.
Marginal note:Definition of Aboriginal
(4) For the purposes of this section, Aboriginal means Indian, Inuit or Métis.
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