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

DIVISION XII.1Reimbursement of Work-related Expenses

Marginal note:Entitlement

• 238.1 (1) Subject to subsection (2), an employee is entitled to and the employer shall provide reimbursement of reasonable work-related expenses.

• Marginal note:Exception

  (2) An employee is not entitled to be reimbursed for

  • (a) an expense that is ineligible under any regulation made under this Division;

  • (b) in the case of an employee who is subject to a collective agreement, an expense that the employee is required to pay in accordance with the collective agreement or any other written agreement between the trade union and the employer; or

  • (c) in the case of an employee who is not subject to a collective agreement, an expense that the employee is required to pay in accordance with any written agreement between themselves and the employer.

• Marginal note:Payment

  (3) The employer shall pay the employee any amount that is payable under this section

  • (a) in the case of an employee who is subject to a collective agreement, within the time limit set out under the collective agreement or any other written agreement between the trade union and the employer;

  • (b) in the case of an employee who is not subject to a collective agreement, within the time limit set out under a written agreement between themselves and the employer; and

  • (c) in any other case, within the time limit prescribed by regulation.

Marginal note:Regulations

238.2 The Governor in Council may make regulations for the purposes of this Division including regulations prescribing factors to consider in determining if an expense is or is not work-related and prescribing factors to consider in determining if an expense is or is not reasonable.

Medical Leave

Marginal note:Entitlement to leave

• 239 (1) Every employee is entitled to and shall be granted a medical leave of absence from employment of up to 17 weeks as a result of

  • (a) personal illness or injury;

  • (b) organ or tissue donation; or

  • (c) medical appointments during working hours.

• Marginal note:Certificate

  (2) If a medical leave of absence is three days or longer, the employer may require that the employee provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of time that they were absent from work.

• Marginal note:Notice to employer

  (3) If an employee intends to take a medical leave of absence, they must give written notice to the employer of the day on which the leave is to begin and the expected duration of the leave at least four weeks before that day, unless there is a valid reason why that notice cannot be given, in which case the employee must provide the employer with written notice as soon as possible.

• Marginal note:Change — in length of leave

  (4) An employee must provide the employer with written notice of any change in the length of their medical leave of absence as soon as possible.

• Marginal note:Employment opportunities

  (5) An employee 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 a medical leave of absence under this Division and for which the employee is qualified, and on receiving that request, the employer must provide the information to the employee.

• Marginal note:Prohibition

  (6) Subject to subsection (7), an employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee intends to take or has taken a medical leave of absence or taking such an intention or absence into account in any decision to promote or train the employee.

• Marginal note:Exception

  (7) An employer may assign to a different position, with different terms and conditions of employment, any employee who, after a medical leave of absence, is unable to perform the work performed by the employee prior to the absence.

• Marginal note:Benefits continue

  (8) The pension, health and disability benefits and the seniority of an employee who is absent from work due to medical leave under this Division accumulate during the entire period of the medical leave of absence.

• Marginal note:Contributions by employee

  (9) If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (8), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any medical leave of absence unless, at the commencement of the absence or within a reasonable time after, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.

• Marginal note:Contributions by employer

  (10) An employer who pays contributions in respect of a benefit referred to in subsection (8) must continue to pay those contributions during an employee’s medical leave of absence in at least the same proportion as if the employee were not absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time.

• Marginal note:Failure to pay contributions

  (11) 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 by subsections (9) and (10), the benefits do not accumulate during the medical leave of absence and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.

• Marginal note:Deemed continuous employment

  (12) For the purposes of calculating benefits, other than benefits referred to in subsection (8), of an employee who is absent from work due to medical leave under this Division, employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence.

• Marginal note:Regulations

  (13) The Governor in Council may make regulations defining terms for the purposes of this Division.

• Marginal note:Notice

  (4) If the person who made the complaint does not reply to a written communication from the inspector within a period that the inspector considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, has elapsed from the day on which the complaint was made, the inspector may give written notice to the person who made the complaint that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to make a written request that the complaint be referred to the Board.

• Marginal note:Time limit

  (5) Subject to the regulations, if the person who made the complaint does not, within the period set out in the notice, make a written request that the complaint be referred to the Board, the inspector may deem the complaint to be withdrawn.

Marginal note:Suspension of complaint

• 241.1 (1) If the Board is satisfied that the complainant must take measures before the Board may continue to deal with the complaint referred to it under subsection 241(3), it may, at any time, suspend consideration of the complaint, in whole or in part.

• Marginal note:Notice

  (2) If the Board suspends consideration of a complaint, the Board shall notify the complainant in writing and specify in the notice

  • (a) the measures that the complainant must take; and

  • (b) the period within which they must take those measures.

• 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

• 241.2 (1) The Board may reject a complaint referred to it under subsection 241(3), 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 in writing between the employer and the complainant,

    • (iv) there are other means available to the complainant to resolve the subject matter of the complaint that the Board considers should be pursued, or

    • (v) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator; or

  • (b) if consideration of the complaint was suspended under subsection 241.1(1) and if, in the Board’s opinion, the measures specified in the notice under subsection 241.1(2) were not taken within the specified period.

• Marginal note:Notice of rejection of complaint

  (2) If the Board rejects a complaint, it shall notify the complainant in writing, with reasons.