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Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 15Modernization of the Canada Labour Code (continued)

SUBDIVISION AR.S., c. L-2Canada Labour Code (continued)

 Subsections 206.5(2) and (3) of the Act are replaced by the following:

  • Marginal note:Leave — 104 weeks

    (2) Every employee is entitled to and shall be granted a leave of absence from employment of up to 104 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.

  • Marginal note:Leave — 52 weeks

    (3) Every employee is entitled to and shall be granted a leave of absence from employment of up to 52 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.

 The Act is amended by adding the following after section 206.8:

Leave for Court or Jury Duty

Marginal note:Entitlement to leave

206.9 Every employee is entitled to and shall be granted a leave of absence from employment to attend court to

  • (a) act as a witness in a proceeding;

  • (b) act as a juror in a proceeding; or

  • (c) participate in a jury selection process.

 Subsection 207.02(3) of the Act is replaced by the following:

  • Marginal note:Exception — medical leave

    (3) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1).

 Subsection 207.2(4) of the Act is replaced by the following:

  • Marginal note:Certificate

    (4) The employer may, in writing and no later than 15 days after an employee’s return to work, require the employee to provide a certificate issued by a health care practitioner attesting to the child’s hospitalization.

  •  (1) Subsection 207.3(1) of the Act is replaced by the following:

    Marginal note:Notice to employer of leave

    • 207.3 (1) Every employee who takes a leave of absence from employment under any of sections 206.3 to 206.9 shall, as soon as possible, provide the employer with a notice in writing of the reasons for the leave and the length of the leave that they intend to take.

  • (2) Subsection 207.3(2) of the English version of the Act is replaced by the following:

    • Marginal note:Notice of change in length of leave

      (2) Every employee who is on a leave of absence from employment under any of sections 206.3 to 206.9 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.

  • (3) Subsections 207.3(3) and (4) of the Act are replaced by the following:

    • Marginal note:Notice — leave of more than four weeks

      (3) If the length of the leave taken under any of sections 206.3 to 206.5 and 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.

    • Marginal note:Documentation

      (4) The employer may require the employee to provide documentation in support of the reasons for the leave taken under section 206.4, 206.5 or 206.9 and of any change in the length of leave that the employee intends to take.

 Section 209.22 of the Act is replaced by the following:

Marginal note:Status of certificate

209.22 A certificate issued by a health care practitioner under this Division is conclusive proof of the statements contained in it.

 Subsection 209.3(2) of the Act is replaced by the following:

  • Marginal note:Prohibition

    (2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under any of sections 206.3 to 206.9.

  •  (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 206.6 to 206.8;

  • (2) Paragraphs 209.4(e) and (e.1) of the Act are replaced by the following:

    • (e) prescribing other persons to be included in the meanings of family member in subsections 206.3(1) and 206.4(1);

    • (e.1) adapting the terminology of the definitions of care, critically ill adult, critically ill child, family member and support in the regulations made under the Employment Insurance Act for the purposes of the definitions of those terms in subsections 206.3(1) and 206.4(1) of this Act;

  • (3) 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 206.6(2), 206.7(2.1) and 206.8(1);

  •  (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:

    • Marginal note: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.

 Subsections 212(1) and (2) of the Act are replaced by the following:

Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

 
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