Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
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Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 14Pay Equity (continued)
Transitional Provisions, Consequential Amendments, Coordinating Amendments and Coming into Force
Transitional Provision
Marginal note:Complaints — Canadian Human Rights Act
428 The Canadian Human Rights Act, as it read immediately before the day on which this section comes into force, applies with respect to any complaint filed before that day under section 40 of that Act, other than a complaint referred to in subsection 396(1) of the Budget Implementation Act, 2009, as amended by subsection 431(1) of this Act.
Consequential Amendments
2009, c. 2Budget Implementation Act, 2009
429 Section 394 of the Budget Implementation Act, 2009 is repealed.
430 Section 395 of the Act is repealed.
431 (1) The portion of subsection 396(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Complaints before Canadian Human Rights Commission
396 (1) The following complaints with respect to employees that are before the Canadian Human Rights Commission on the day on which this Act receives royal assent, or that are filed with that Commission during the period beginning on that day and ending on the day on which subsection 425(1) of the Budget Implementation Act, 2018, No. 2 comes into force, shall, despite section 44 of the Canadian Human Rights Act, without delay, be referred by the Commission to the Board:
(2) Subsection 396(3) of the Act is replaced by the following:
Marginal note:Powers of Board
(3) The Board has, in relation to a complaint referred to it, in addition to the powers conferred on it under the Federal Public Sector Labour Relations Act, the power to interpret and apply sections 7, 10 and 11 of the Canadian Human Rights Act, and the Equal Wages Guidelines, 1986, in respect of employees, even after the coming into force of subsection 425(1) of the Budget Implementation Act 2018, No. 2.
(3) Subsection 396(9) of the Act is replaced by the following:
Marginal note:Restriction
(9) The Board has, in relation to complaints referred to in this section, the power to make any order that a member or panel may make under section 53 of the Canadian Human Rights Act, except that no monetary remedy may be granted by the Board in respect of the complaint other than a lump sum payment, and the payment may be only in respect of a period that ends on or before the day on which subsection 425(1) of the Budget Implementation Act, 2018, No. 2 comes into force.
(4) Section 396 of the Act is repealed.
432 Sections 397 to 399 of the Act are repealed.
433 Sections 401 to 404 of the Act are repealed.
434 Section 406 of the Act is repealed.
2013, c. 40Economic Action Plan 2013 Act, No. 2
435 Subsection 307(2) of the Economic Action Plan 2013 Act, No. 2 is repealed.
436 Subsection 316(2) of the Act is repealed.
437 Subsection 364(1) of the Act is repealed.
438 Section 445 of the Act is repealed.
Coordinating Amendments
Marginal note:Bill C-81
439 (1) Subsections (2) to (4) apply if Bill C-81, introduced in the 1st session of the 42nd Parliament and entitled the Accessible Canada Act (in this section referred to as the “other Act”), receives royal assent.
(2) On the first day on which both section 148 of the other Act and section 419 of this Act are in force, subsections 26(1) and (2) of the Canadian Human Rights Act are replaced by the following:
Marginal note:Commission established
26 (1) A commission is established to be known as the Canadian Human Rights Commission, in this Act referred to as the “Commission”, consisting of a Chief Commissioner, a Deputy Chief Commissioner, members referred to as the “Accessibility Commissioner” and the “Pay Equity Commissioner” and not less than three or more than six other members, to be appointed by the Governor in Council.
Marginal note:Members
(2) The Chief Commissioner, the Deputy Chief Commissioner, the Accessibility Commissioner and the Pay Equity Commissioner are full-time members of the Commission and the other members may be appointed as full-time or part-time members of the Commission.
(3) On the first day on which both section 151 of the other Act and section 420 of this Act are in force, section 32.1 of the Canadian Human Rights Act, as enacted by section 420 of this Act, is renumbered as section 32.2 and is repositioned accordingly if required.
(4) On the first day on which both section 152 of the other Act and section 423 of this Act are in force, sections 38.1 and 38.2 of the Canadian Human Rights Act, as enacted by section 423 of this Act, are renumbered as sections 38.3 and 38.4, respectively, and those sections — and the heading before that section 38.1, as enacted by section 423 of this Act — are repositioned accordingly if required.
Coming into Force
Marginal note:Order in council
440 (1) Sections 1 to 171 and 174 to 184 of the Pay Equity Act, as enacted by section 416, come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Sections 172 and 173 of the Pay Equity Act, as enacted by section 416, come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(3) Sections 417 and 419 to 424, subsections 426(1) and (2), sections 428 to 430, subsections 431(1) to (4) and sections 432 to 438 come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Order in council
(4) Subsection 425(1) comes into force on a day to be fixed by order of the Governor in Council, which day must be the same day as the day on which section 12 of the Pay Equity Act, as enacted by section 416, comes into force.
Marginal note:Order in council
(5) Subsection 425(2) and section 427 come into force on a day to be fixed by order of the Governor in Council, which day must be on or after the day on which subsection 425(1) comes into force and the day on which subsection 55(1) of the Pay Equity Act, as enacted by section 416, comes into force.
DIVISION 15Modernization of the Canada Labour Code
SUBDIVISION AR.S., c. L-2Canada Labour Code
Amendments to the Act
441 Subsections 132(2) and (3) of the Canada Labour Code are replaced by the following:
Marginal note:Consult health care practitioner
(2) The employee must consult with a health care practitioner, as defined in section 166, of her choice as soon as possible to establish whether continuing any of her current job functions poses a risk to her health or to that of the foetus or child.
Marginal note:Provision no longer applicable
(3) Without prejudice to any other right conferred by this Act, by a collective agreement or other agreement or by any terms and conditions of employment, once the health care practitioner has established whether there is a risk as described in subsection (1), the employee may no longer cease to perform her job under subsection (1).
442 (1) The definition qualified medical practitioner in section 166 of the Act is repealed.
(2) Section 166 of the Act is amended by adding the following in alphabetical order:
- health care practitioner
health care practitioner means a person lawfully entitled, under the laws of a province, to provide health services in the place in which they provide those services. (professionnel de la santé)
443 The Act is amended by adding the following after section 167:
Marginal note:Prohibition
167.1 An employer is prohibited from treating an employee as if they were not their employee in order to avoid their obligations under this Part or to deprive the employee of their rights under this Part.
Marginal note:Burden of proof
167.2 If, in any proceeding in respect of a complaint made under this Part, the employer alleges that the complainant is not their employee, the burden of proof is on the employer.
444 The Act is amended by adding the following after section 169:
Marginal note:Break
169.1 (1) Every employee is entitled to and shall be granted an unpaid break of at least 30 minutes during every period of five consecutive hours of work. If the employer requires the employee to be at their disposal during the break period, the employee must be paid for the break.
Marginal note:Exception
(2) An employer may postpone or cancel the break set out in subsection (1) if it is necessary for the employee to work in order to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious
(a) threat to the life, health or safety of any person;
(b) threat of damage to or loss of property; or
(c) threat of serious interference with the ordinary working of the employer’s industrial establishment.
Marginal note:Rest period
169.2 (1) Every employee is entitled to and shall be granted a rest period of at least eight consecutive hours between work periods or shifts.
Marginal note:Exception
(2) Despite subsection (1), an employer may require that an employee work additional hours to their scheduled work periods or shifts which would result in them having a rest period of fewer than eight consecutive hours between their work periods or shifts if it is necessary for the employee to work in order to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious
(a) threat to the life, health or safety of any person;
(b) threat of damage to or loss of property; or
(c) threat of serious interference with the ordinary working of the employer’s industrial establishment.
445 The Act is amended by adding the following after section 173:
Marginal note:Notice — work schedule
173.01 (1) The employer shall provide an employee with their work schedule in writing at least 96 hours before the start of the employee’s first work period or shift under that schedule.
Marginal note:Right to refuse
(2) Subject to subsection (3), an employee may refuse to work any work period or shift in their schedule that starts within 96 hours from the time that the schedule is provided to them.
Marginal note:Exception
(3) An employee shall not refuse to work a work period or shift if it is necessary for them to work in order to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious
(a) threat to the life, health or safety of any person;
(b) threat of damage to or loss of property; or
(c) threat of serious interference with the ordinary working of the employer’s industrial establishment.
Marginal note:Exception — subsection 177.1(1)
(4) Subsection (1) does not apply to a change to an employee’s work schedule following a request made under subsection 177.1(1).
Marginal note:Prohibition
(5) An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has refused to work a work period or shift under subsection (2) or take such a refusal into account in any decision to promote or train the employee.
Marginal note:Non-application of subsection 196(4)
(6) Subsection 196(4) does not apply in respect of a work period or shift that an employee refuses to work under subsection (2).
Marginal note:Non-application — collective agreement
(7) This section does not apply to employees who are employed under the terms of a collective agreement that specifies an alternate time frame for providing the work schedule or provides that this section does not apply to those employees.
446 (1) The portion of paragraph 175(1)(a) of the Act before subparagraph (i) is replaced by the following:
(a) modifying any provision of this Division for the purpose of the application of this Division to classes of employees who are employed in or in connection with the operation of any industrial establishment if, in the opinion of the Governor in Council, the application of those sections without modification
(2) Paragraph 175(1)(b) of the Act is replaced by the following:
(b) exempting any class of employees from the application of any provision of this Division if the Governor in Council is satisfied that it cannot reasonably be applied to that class of employees;
(3) Subsection 175(1) of the Act is amended by adding the following after paragraph (b):
(b.1) respecting rest periods under section 169.2, including defining the terms “shift” and “work period” for the purposes of that section;
447 The heading of Division II of Part III of the Act is replaced by the following:
Minimum Wage and Age of Employment
448 (1) The portion of section 179 of the Act before paragraph (a) is replaced by the following:
Marginal note:Employees under 18 years of age
179 An employer may employ a person under the age of 18 years only
(2) Paragraph 179(a) of the French version of the Act is replaced by the following:
a) que pour exercer les activités prévues par règlement;
449 Paragraph 181(f) of the Act is replaced by the following:
(f) specifying, for the purposes of section 179, the occupations in which persons under the age of 18 years, or any class of persons under that age, may be employed in an industrial establishment and fixing the conditions of that employment; and
450 The Act is amended by adding the following after section 181:
DIVISION II.1Breaks for Medical Reasons or Nursing
Marginal note:Medical break
181.1 (1) Subject to the regulations, every employee is entitled to and shall be granted any unpaid breaks that are necessary for medical reasons.
Marginal note:Certificate
(2) On written request by the employer, the employee must provide a certificate issued by a health care practitioner setting out the length and frequency of the breaks needed for medical reasons and any additional information that may be prescribed by regulation.
Marginal note:Nursing break
181.2 Subject to the regulations, every employee who is nursing is entitled to and shall be granted any unpaid breaks necessary for them to nurse or to express breast milk.
Marginal note:Regulations
181.3 The Governor in Council may make regulations
(a) modifying the provisions of sections 181.1 or 181.2 for the purpose of the application of this Division to any class of employees;
(b) exempting any class of employees from the application of section 181.1 or 181.2;
(c) respecting the breaks set out in subsection 181.1(1) and section 181.2, including circumstances in which those breaks cannot be taken; and
(d) respecting additional information to be included in a certificate required under subsection 181.1(2).
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