Fall Economic Statement Implementation Act, 2023 (S.C. 2024, c. 15)
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Assented to 2024-06-20
PART 5Various Measures (continued)
DIVISION 1Federal Financial Institutions (continued)
SUBDIVISION BVirtual Meetings (continued)
187 Subsection 154(4) of the Act is replaced by the following:
Marginal note:Voting while participating electronically
(4) Unless the by-laws provide otherwise and in accordance with any regulations, any person who is participating in a meeting of shareholders under subsection 139(2) or (2.1) and entitled to vote at that meeting may vote by means of the telephonic, electronic or other communication facility that the company has made available for that purpose.
1991, c. 46Bank Act
188 (1) Subsection 136(1) of the French version of the Bank Act is replaced by the following:
Marginal note:Lieu des assemblées
136 (1) Les assemblées des actionnaires ou des membres se tiennent au Canada, au lieu que prévoient les règlements administratifs ou, à défaut, que choisissent les administrateurs.
(2) Subsection 136(2) of the Act is replaced by the following:
Marginal note:Participation by electronic means
(2) Unless the by-laws provide otherwise and in accordance with any regulations, any person who is entitled to attend a meeting of shareholders or members may participate in the meeting by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting if the bank makes one available. A person who is participating in a meeting by one of those means is deemed for the purposes of this Act to be present at the meeting.
Marginal note:Meeting held by electronic means
(2.1) If the directors, shareholders or members of a bank call a meeting of shareholders or members under this Act, those directors, shareholders or members may determine that the meeting shall be held, in accordance with any regulations, entirely by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting, if the by-laws so provide.
189 Subsection 151(4) of the Act is replaced by the following:
Marginal note:Voting while participating electronically
(4) Unless the by-laws provide otherwise and in accordance with any regulations, any person who is participating in a meeting under subsection 136(2) or (2.1) and entitled to vote at that meeting may vote by means of the telephonic, electronic or other communication facility that the bank has made available for that purpose.
190 (1) Subsection 725(1) of the French version of the Act is replaced by the following:
Marginal note:Lieu des assemblées
725 (1) Les assemblées des actionnaires se tiennent au Canada, au lieu que prévoient les règlements administratifs ou, à défaut, que choisissent les administrateurs.
(2) Subsection 725(2) of the Act is replaced by the following:
Marginal note:Participation by electronic means
(2) Unless the by-laws provide otherwise and in accordance with any regulations, any person who is entitled to attend a meeting of shareholders may participate in the meeting by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting if the bank holding company makes one available. A person who is participating in a meeting by one of those means is deemed for the purposes of this Part to be present at the meeting.
Marginal note:Meeting held by electronic means
(2.1) If the directors or shareholders of a bank holding company call a meeting of shareholders under this Act, those directors or shareholders may determine that the meeting shall be held, in accordance with any regulations, entirely by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting, if the by-laws so provide.
191 Subsection 740(4) of the Act is replaced by the following:
Marginal note:Voting while participating electronically
(4) Unless the by-laws provide otherwise and in accordance with any regulations, any person who is participating in a meeting of shareholders under subsection 725(2) or (2.1) and entitled to vote at that meeting may vote by means of the telephonic, electronic or other communication facility that the bank holding company has made available for that purpose.
1991, c. 47Insurance Companies Act
192 (1) Subsection 140(1) of the French version of the Insurance Companies Act is replaced by the following:
Marginal note:Lieu des assemblées
140 (1) Les assemblées des actionnaires ou des souscripteurs se tiennent au Canada, au lieu que prévoient les règlements administratifs ou, à défaut, que choisissent les administrateurs.
(2) Subsection 140(2) of the Act is replaced by the following:
Marginal note:Participation by electronic means
(2) Unless the by-laws provide otherwise and in accordance with any regulations, any person who is entitled to attend a meeting of shareholders or policyholders may participate in the meeting by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting if the company makes one available. A person who is participating in a meeting by one of those means is deemed for the purposes of this Act to be present at the meeting.
Marginal note:Meeting held by electronic means
(2.1) If the directors, shareholders or policyholders of a company call a meeting of shareholders or policyholders under this Act, those directors, shareholders or policyholders may determine that the meeting shall be held, in accordance with any regulations, entirely by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting, if the by-laws so provide.
193 Subsection 157(4) of the Act is replaced by the following:
Marginal note:Voting while participating electronically
(4) Unless the by-laws provide otherwise and in accordance with any regulations, any person who is participating in a meeting of shareholders or policyholders under subsection 140(2) or (2.1) and entitled to vote at that meeting may vote by means of the telephonic, electronic or other communication facility that the company has made available for that purpose.
194 (1) Subsection 764(1) of the French version of the Act is replaced by the following:
Marginal note:Lieu des assemblées
764 (1) Les assemblées des actionnaires se tiennent au Canada, au lieu que prévoient les règlements administratifs ou, à défaut, que choisissent les administrateurs.
(2) Subsection 764(2) of the Act is replaced by the following:
Marginal note:Participation by electronic means
(2) Unless the by-laws provide otherwise and in accordance with any regulations, any person who is entitled to attend a meeting of shareholders may participate in the meeting by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting if the insurance holding company makes one available. A person who is participating in a meeting by one of those means is deemed for the purposes of this Part to be present at the meeting.
Marginal note:Meeting held by electronic means
(2.1) If the directors or shareholders of an insurance holding company call a meeting of shareholders under this Act, those directors or shareholders may determine that the meeting shall be held, in accordance with any regulations, entirely by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting, if the by-laws so provide.
195 Subsection 778(4) of the Act is replaced by the following:
Marginal note:Voting while participating electronically
(4) Unless the by-laws provide otherwise and in accordance with any regulations, any person who is participating in a meeting of shareholders under subsection 764(2) or (2.1) and entitled to vote at that meeting may vote by means of the telephonic, electronic or other communication facility that the insurance holding company has made available for that purpose.
Coming into Force
Marginal note:Order in council
196 This Subdivision comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 2Leave Related to Pregnancy Loss and Bereavement Leave
R.S., c. L-2Canada Labour Code
197 Section 187.1 of the Canada Labour Code is amended by adding the following after subsection (2):
Marginal note:Application of section 210.2
(2.1) If an employee interrupts a vacation to take leave under Division VIII and resumes the vacation immediately at the end of that leave, section 210.2 applies to them as if they did not resume the vacation before returning to work.
198 The Act is amended by adding the following after section 206.5:
Leave Related to Pregnancy Loss
Marginal note:Definitions
206.51 (1) The following definitions apply in this section.
- common-law partner
common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)
- stillbirth
stillbirth means the complete expulsion or extraction of a foetus from a person on or after the 20th week of pregnancy or after the foetus has attained at least 500 g, without any breathing, beating of the heart, pulsation of the umbilical cord or movement of voluntary muscle from the foetus after the expulsion or extraction. (mortinaissance)
Marginal note:Eligible employees
(2) An employee is eligible for the leave of absence referred to in subsection (3) if
(a) their pregnancy does not result in a live birth;
(b) the pregnancy of their spouse or common-law partner does not result in a live birth; or
(c) they intended to be the legal parent of the child that would have been born had another person’s pregnancy resulted in a live birth.
Marginal note:Entitlement to leave
(3) An employee who is eligible for a leave of absence under subsection (2) is entitled to and shall be granted a leave of absence of up to
(a) eight weeks, if the pregnancy resulted in a stillbirth; or
(b) three days, in any other case.
Marginal note:Pregnancy with multiples
(4) For the purposes of this section, the following apply in respect of a pregnancy of more than one foetus:
(a) an employee may take only one leave of absence under subsection (3) in respect of the pregnancy; and
(b) a pregnancy that does not result in a live birth includes a pregnancy that has ended without a live birth in respect of at least one foetus.
Marginal note:Period when leave may be taken
(5) The period during which the employee may take a leave of absence begins on the day on which the pregnancy does not result in a live birth and ends 26 weeks after that day.
Marginal note:Leave with pay
(6) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three days of leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.
Marginal note:Division of leave
(7) The leave of absence may be taken in one or two periods. The employer may require that each period of leave be not less than one day’s duration.
Marginal note:Regulations
(8) The Governor in Council may make regulations defining any expression for the purposes of this section, including the expressions “regular rate of wages” and “normal hours of work”.
199 (1) Subsection 207.3(3) of the Act is 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, paragraph 206.51(3)(a) or section 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.
(2) Subsection 207.3(5) of the Act is replaced by the following:
Marginal note:Return to work postponed
(5) If an employee who takes a leave of more than four weeks under any of sections 206.3 to 206.5 or paragraph 206.51(3)(a) wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the new end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.
200 (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 206.51 to 206.8;
(2) 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 206.51(6), 206.6(2), 206.7(2.1) and 206.8(1);
201 (1) Subsection 210(1.3) of the Act is replaced by the following:
Marginal note:Notice to employer
(1.3) Every employee who takes the leave of absence shall, as soon as possible, provide the employer with a notice in writing of the beginning of any period of leave of absence, the reasons for the leave and the length of the leave that they intend to take.
Marginal note:Notice — change in length of leave
(1.4) Every employee who is on the leave of absence 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.
Marginal note:Notice — leave of more than four weeks
(1.5) If the length of the leave of absence 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:Return to work postponed
(1.6) If an employee who takes the leave of absence for more than four weeks wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the new end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.
Marginal note:Deemed part of leave
(1.7) The period of the postponement is deemed to be part of the leave.
(2) Subsection 210(3) of the Act is repealed.
202 The Act is amended by adding the following after section 210:
Marginal note:Right to notice of employment opportunities
210.1 An employee who takes a leave of absence from employment under this Division 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 the leave of absence and for which the employee is qualified, and on receiving the request, every employer of the employee shall inform the employee accordingly.
Marginal note:Resumption of employment in same position
210.2 (1) An employee who takes a leave of absence from employment under this Division is entitled to be reinstated in the position that the employee occupied when the leave of absence commenced, and the employer of the employee shall reinstate the employee in that position at the end of the leave.
Marginal note:Comparable position
(2) If for any valid reason an employer cannot reinstate an employee in the position referred to in subsection (1), the employer shall reinstate the employee in a comparable position with the same wages and benefits and in the same location.
Marginal note:Wages and benefits affected by reorganization
(3) If an employee takes leave under this Division and, during the period of that leave, the wages and benefits of the group of employees of which that employee is a member are changed as part of a plan to reorganize the industrial establishment in which that group is employed, that employee is entitled, on being reinstated in employment under this section, to receive the wages and benefits in respect of that employment that the employee would have been entitled to receive had they been working when the reorganization took place.
Marginal note:Notice of changes in wages and benefits
(4) The employer of every employee who is on a leave of absence under this Division and whose wages and benefits would be changed as a result of a reorganization referred to in subsection (3) shall notify the employee in writing of that change as soon as possible.
Marginal note:Right to benefits
210.3 (1) The pension, health and disability benefits and the seniority of any employee who takes a leave of absence from employment under this Division accumulate during the entire period of the leave.
Marginal note:Contributions by employee
(2) If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (1), the employee is responsible for and shall, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, before or within a reasonable time after taking the leave, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.
Marginal note:Contributions by employer
(3) An employer who pays contributions in respect of a benefit referred to in subsection (1) shall continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not on leave unless the employee does not pay the employee’s contributions, if any, within a reasonable time.
Marginal note:Failure to pay contributions
(4) 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 under subsections (2) and (3), the benefits do not accumulate during the 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
(5) For the purposes of calculating benefits, other than benefits referred to in subsection (1), of an employee who takes a leave of absence under this Division, employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.
Marginal note:Effect of leave
210.4 Despite the provisions of any income-replacement scheme or any insurance plan in force at the workplace, an employee who takes a leave of absence from employment under this Division is entitled to benefits under the scheme or plan on the same terms as any employee who is absent from work for health-related reasons and is entitled to benefits under the scheme or plan.
Marginal note:Prohibition
210.5 No employer shall
(a) dismiss, suspend, lay off, demote or discipline an employee because the employee applies for, intends to take or has taken a leave of absence from employment under this Division; or
(b) take into account the fact that an employee applies for, intends to take or has taken a leave of absence from employment under this Division in any decision to promote or train that employee.
Marginal note:Regulations
210.6 The Governor in Council may make regulations
(a) defining the expression “immediate family” for the purposes of subsection 210(1);
(b) for the purposes of subsection 210(2),
(i) defining the expressions “regular rate of wages” and “normal hours of work”, and
(ii) prescribing shorter periods of consecutive months of continuous employment;
(c) specifying what does not constitute a valid reason for not reinstating an employee in the position referred to in subsection 210.2(2);
(d) for the purposes of this Division, specifying the absences from employment that are deemed not to have interrupted continuity of employment;
(e) specifying the circumstances in which a leave under this Division may be interrupted; and
(f) extending the period within which a leave under this Division may be taken.
- Date modified: