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 15Modernization of the Canada Labour Code (continued)
SUBDIVISION AR.S., c. L-2Canada Labour Code (continued)
497 The Act is amended by adding the following after section 247.99:
Marginal note:Order final
247.991 (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 247.99.
Marginal note:Enforcement of orders
(3) Any person affected by an order of the Board under subsection 247.99(8), 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 a copy of the order in the Federal Court, exclusive of reasons.
Marginal note:Registration
(4) On filing in the Federal Court under subsection (3), 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:Civil remedy
(5) The making of a complaint under subsection 247.99(1) does not suspend or affect an employee’s civil remedies against their employer.
Marginal note:Regulations
247.992 For the purposes of this Division, the Governor in Council may make regulations
(a) prescribing circumstances for the purposes of paragraph 247.99(3)(b);
(b) prescribing periods for the purposes of subsection 247.99(6);
(c) prescribing the circumstances under which a complaint is not to be deemed to be withdrawn under subsection 247.99(6.1); and
(d) prescribing the conditions that are to be met before a complaint may be deemed to be withdrawn under subsection 247.99(6.1).
498 (1) Section 251.01 of the Act is amended by adding the following after subsection (1):
Marginal note:Restriction
(1.1) If an employee made a request under subsection 182.2(1) or 203.3(1), they are prohibited from making a complaint in respect of a contravention of subsection 182.1(1) or 203.2(1), as the case may be, until the earlier of the day on which the period set out in the subsection under which they made the request expires and the day on which they receive the employer’s response under that subsection.
(2) Section 251.01 of the Act is amended by adding the following after subsection (2):
Marginal note:Complaints — equal treatment
(2.1) Despite subsection (2), a complaint in respect of a contravention of subsection 182.1(1) or 203.2(1) shall be made within six months from
(a) in the case of an employee who made a request under subsection 182.2(1) or 203.3(1), the earlier of the day on which the complainant received the employer’s response and the day on which the period set out in the subsection under which they made the request expires; and
(b) in any other case, the day on which the complainant knew, or in the inspector’s opinion ought to have known, of the action or circumstances giving rise to the complaint.
(3) The portion of subsection 251.01(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Extension of time
(3) The Minister may, subject to the regulations, extend the period set out in subsection (2) or (2.1)
(4) Subsection 251.01(4) of the Act is replaced by the following:
Marginal note:Limitation
(3.1) An employee shall not make a complaint under subsection (1) if they have made a complaint that is based on substantially the same facts under any of subsections 240(1), 246.1(1) and 247.99(1), unless that complaint has been withdrawn.
Marginal note:Exception
(4) Despite subsection (3.1), the employee may file a complaint under subsection (1) if it relates only to the payment of their wages or other amounts to which they are entitled under this Part, including amounts referred to in subsections 230(1) and 235(1), but that complaint is suspended until the day on which the complaint made under subsection 240(1), 246.1(1) or 247.99(1), as the case may be, is withdrawn or resolved.
(5) Subsection 251.01(4) of the Act is replaced by the following:
Marginal note:Exception
(4) Despite subsection (3.1), the employee may file a complaint under subsection (1) if it relates only to the payment of their wages or other amounts to which they are entitled under this Part, including amounts referred to in subsections 212.1(1), 230(1) and 235(1), and that complaint is suspended until the day on which the complaint made under subsection 240(1), 246.1(1) or 247.99(1), as the case may be, is withdrawn or resolved.
499 Subsection 251.02(1) of the Act is replaced by the following:
Marginal note:Suspension of complaint
251.02 (1) If an inspector is satisfied that the employee must take measures before the inspector may continue to deal with the complaint made under section 251.01, the inspector may, at any time, suspend consideration of the complaint, in whole or in part.
500 (1) Subparagraph 251.05(1)(a)(iii) of the Act is replaced by the following:
(iii) that the complaint has been settled in writing between the employer and the employee,
(2) Subsection 251.05(1) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) subject to the regulations, if an employee to whom notice is given under subsection (1.1) does not respond within the period set out in the notice.
(3) Section 251.05 of the Act is amended by adding the following after subsection (1):
Marginal note:Notice
(1.1) If the employee 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, have elapsed from the day on which the complaint was made, the inspector may give written notice to the employee that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to indicate in writing that they wish to pursue their complaint.
501 Section 251.1 of the Act is amended by adding the following after subsection (1.1):
Marginal note:Equal treatment
(1.2) Despite subsection (1.1), if a complaint is made in respect of a contravention of subsection 182.1(1) or 203.2(1), any payment order respecting that complaint may only take into account the difference in wages from the earlier of the day on which the complaint is made and the day on which the employee makes a request under subsection 182.2(1) or 203.3(1).
502 The Act is amended by adding the following after section 253:
Information Related to Employment
Marginal note:Copy — employee
253.1 (1) An employer must, within the first 30 days of an employee’s employment, provide the employee with a copy of any materials that the Minister makes available and that contains information respecting employers’ and employees’ rights and obligations under this Part and, within 30 days after updated materials are made available, provide the employee with a copy of the updated materials.
Marginal note:Materials to be posted
(2) An employer must post and keep posted the most recent version of the materials referred to in subsection (1), in readily accessible places where it is likely to be seen by employees.
Marginal note:Termination
(3) If an employee’s employment is terminated by the employer, the employer must, not later than the last day of the employee’s employment, provide the employee with a copy of the most recent version of the materials referred to in subsection (1) that relate to terminations of employment.
Marginal note:Employment statement
253.2 (1) An employer must, within the first 30 days of an employee’s employment, provide the employee with a written statement containing information relating to their employment that is prescribed by regulation.
Marginal note:Updated information
(2) An employer must provide an employee with an updated employment statement within 30 days after any change is made to the information contained in the last statement that was provided to the employee.
Marginal note:Employer’s duties
(3) An employer must retain a copy of any employment statement provided under this section for 36 months after the employee’s employment with the employer ends and, on request, the employee must be provided with additional copies.
Marginal note:Regulations
(4) The Governor in Council may make regulations prescribing the information that must be included in a employment statement provided under this section.
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