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Canada Labour Code

Version of section 209.4 from 2019-09-01 to 2021-02-15:


Marginal note:Regulations

 The Governor in Council may make regulations

  • (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;

  • (a.1) [Repealed, 2017, c. 20, s. 267]

  • (a.2) prescribing the maximum number of periods of leave of absence that an employee may take under any of sections 206.3 to 206.5;

  • (b) specifying what does, or does not, constitute an essential function of a job referred to in section 208;

  • (c) specifying what does not constitute a valid reason for not reinstating an employee in the position referred to in subsection 209.1(2);

  • (d) enlarging the meaning of care and support in subsections 206.3(1) and 206.4(1), and of critically ill adult and critically ill child in subsection 206.4(1);

  • (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;

  • (f) prescribing offences to be excluded from the definition of crime in subsection 206.5(1) and prescribing other persons to be included in the definition of parent in that subsection;

  • (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);

  • (h) prescribing cases, other than those set out in subsection 206.5(4), in which an employee is not entitled to a leave of absence and cases in which an employee is entitled to a leave of absence even if they are charged with the crime;

  • (h.1) defining family violence for the purposes of section 206.7;

  • (h.2) prescribing cases, other than those set out in subsection 206.7(3), in which an employee is not entitled to a leave of absence and cases in which, despite that subsection, an employee is entitled to a leave of absence under subsection 206.7(2);

  • (h.3) prescribing documentation that the employer may request under any of subsections 206.6(4), 206.7(5) and 206.8(3);

  • (i) prescribing documentation that the employer may require under subsection 207.3(4);

  • (j) specifying the circumstances in which a leave under this Division may be interrupted; and

  • (k) extending the period within which a leave under this Division may be taken.

  • R.S., 1985, c. 9 (1st Supp.), s. 10
  • 1993, c. 42, s. 31
  • 2003, c. 15, s. 29
  • 2012, c. 27, s. 10
  • 2014, c. 20, s. 246
  • 2017, c. 20, s. 267
  • 2017, c. 33, s. 209
  • 2018, c. 27, s. 477
  • 2018, c. 27, s. 515
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