1 [Repealed, SOR/2019-168, s. 2]

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means Part III of the Canada Labour Code; (Loi)

  Director

  Director[Repealed, SOR/94-668, s. 2]

  post

  post means, in respect of a document, to post in readily accessible places where the document is likely to be seen by the employees to whom it applies, and to keep the document posted for the period during which it applies. (afficher)

• (2) If, under these Regulations, any notice, application or other document is required or authorized to be filed with or sent to the Head of Compliance and Enforcement, it shall be filed with or sent to the Head of Compliance and Enforcement at the regional office of the Labour Program of the Department of Employment and Social Development that is located at the city nearest to the place where the employee concerned resides.

Exclusion of Professions

3 Division I of the Act does not apply to members of the architectural, dental, engineering, legal or medical professions.

Modified Work Schedule

4 If, in accordance with subsection 170(1) or 172(1) of the Act, the parties to a collective agreement have agreed in writing to a modified work schedule, the agreement shall be dated and contain the information set out in paragraphs (a) to (m) of Schedule III.

5 A notice that is referred to in subsection 170(3) or 172(3) of the Act shall contain the information set out in Schedule III and remain posted while the modified work schedule is in effect.

Averaging

• 6 (1) Where the nature of the work in an industrial establishment necessitates that the hours of work of certain employees be irregularly distributed with the result that those employees

  • (a) have no regularly scheduled daily or weekly hours of work, or

  • (b) have regularly scheduled hours of work that vary in number from time to time,

  the hours of work of each of those employees in a day and in a week may be calculated as an average over an averaging period of two or more consecutive weeks.

• (2) The averaging period referred to in subsection (1) may be changed in accordance with these Regulations, but shall not exceed the number of weeks necessary to cover the period in which fluctuations in the hours of work of the employees take place.

• (3) Before averaging hours of work under subsection (1) or changing the number of weeks in the averaging period, the employer shall, at least 30 days before the date on which the averaging or the change takes effect,

  • (a) post a notice of intention to average hours of work or change the number of weeks in the averaging period, containing the information set out in Schedule IV; and

  • (b) provide a copy of the notice to the Head of Compliance and Enforcement and every trade union representing any affected employees who are subject to a collective agreement.

• (4) Where averaging of hours of work is in effect, the employer shall post a notice containing the information set out in Schedule IV.

• (5) Where the parties to a collective agreement have agreed in writing to average the hours of work of employees or to change the averaging period and the written agreement is dated and contains the information set out in Schedule IV, the employer need not satisfy the requirements of subsections (3) and (4).

• (6) Where the hours of work of employees are calculated as an average pursuant to subsection (1),

  • (a) the standard hours of work of an employee shall be 40 times the number of weeks in the averaging period;

  • (b) the maximum hours of work of an employee shall not exceed 48 times the number of weeks in the averaging period; and

  • (c) the overtime rate referred to in paragraph 174(1)(a) of the Act shall be paid or, subject to subsection 174(2) of the Act, the time off referred to in paragraph 174(1)(b) of the Act shall be granted for those hours worked in excess of the standard hours of work referred to in paragraph (a), excluding those hours for which a rate at least one and one-half times the regular rate of wages has been paid prior to the end of the averaging period.

• (7) Subject to subsection (8), the standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall be reduced by eight hours for every day during the averaging period that, for an employee, is a day

  • (a) of annual vacation with pay;

  • (b) of general or other holiday with pay;

  • (c) of leave of absence with pay under subsection 205(2) of the Act;

  • (d) of personal leave with pay;

  • (e) of leave for victims of family violence with pay;

  • (f) of bereavement leave with pay; or

  • (g) that is normally a working day in respect of which the employee is not entitled to regular wages.

• (8) The standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall not be reduced by more than 40 hours for any week that, for an employee, is a week

  • (a) of annual vacation with pay;

  • (b) of leave of absence with pay under subsection 205(2) of the Act;

  • (c) that is normally a working week in respect of which the employee is not entitled to regular wages; or

  • (d) of leave for victims of family violence with pay.

• (9) The standard hours of work and the maximum hours of work calculated in accordance with subsection (6) shall be reduced by 40 hours for every period of seven consecutive days, in the averaging period, during which an employee is not entitled to regular wages.

• (10) Where an employee whose hours of work are averaged pursuant to subsection (1) terminates the employee’s employment during the averaging period, the employer shall pay the employee’s regular rate of wages for the actual hours worked during the completed part of the averaging period.

• (11) If, during the averaging period, an employer lays off or terminates the employment of an employee whose hours of work are averaged under subsection (1), the employer shall pay the employee at the overtime rate of wages established under paragraph 174(1)(a) of the Act for any hours worked, but not previously paid, in excess of 40 times the number of weeks in the completed part of the averaging period.

• (12) An employer who has adopted an averaging period under subsection (1) shall not alter the number of weeks in the averaging period or cease to calculate the average hours of work of employees unless the employer has, at least 30 days before making either change,

  • (a) posted a notice of the change; and

  • (b) provided a copy of the notice to the Head of Compliance and Enforcement and every trade union representing any affected employees who are subject to a collective agreement.

• (13) If, before the end of an averaging period, an employer alters the number of weeks in the averaging period applicable to employees or ceases to calculate the average hours of work of employees, the employer shall, for each hour worked in excess of 40 times the number of weeks in the completed part of the averaging period,

  • (a) pay those employees at the overtime rate referred to in paragraph 174(1)(a) of the Act; or

  • (b) subject to subsection 174(2) of the Act, grant those employees time off in accordance with paragraph 174(1)(b) of the Act.

7 Notwithstanding the requirements of these Regulations, section 174 of the Act does not apply in circumstances where there is an established work practice that

• (a) requires or permits an employee to work in excess of standard hours for the purposes of changing shifts;

• (b) permits an employee to exercise seniority rights to work in excess of standard hours pursuant to a collective agreement; or

• (c) permits an employee to work in excess of standard hours as the result of his exchanging a shift with another employee.

Weekly Rest

• 8 (1) Where hours to be worked in excess of maximum hours of work established by or under section 171 of the Act are agreed to in writing under section 172 of the Act, the work schedule shall include no fewer days of rest than the number of weeks in the work schedule.

• (2) Where hours to be worked in excess of maximum hours of work established by or under section 171 of the Act are authorized under section 176 of the Act, the Head of Compliance and Enforcement may specify in a permit referred to in section 176 of the Act that the hours of work in a week need not be scheduled as required by section 173 of the Act during the period of the permit and, having regard to the conditions of employment in the industrial establishment and the welfare of the employees, may prescribe in the permit alternative days of rest to be observed.

9 During an averaging period, hours of work may be scheduled and actually worked without regard to section 173 of the Act.

Employees Under 17 Years of Age

• 10 (1) An employer may employ a person under the age of 17 years in any office or plant, in any transportation, communication, maintenance or repair service, or in any construction work or other employment in a federal work, undertaking or business if

  • (a) the person is not required, under the law of the province in which they are ordinarily resident, to be in attendance at school; and

  • (b) the work in which the person is to be employed

    • (i) is not carried on underground in a mine,

    • (ii) would not cause them to be employed in or enter a place that they are prohibited from entering under the Explosives Regulations, 2013,

    • (iii) is not work as a nuclear energy worker as defined in the Nuclear Safety and Control Act,

    • (iv) is not work that they are prohibited from doing under the Canada Shipping Act, 2001 by reason of their age, or

    • (v) is not likely to be injurious to their health or to endanger their safety.

• (2) An employer may not cause or permit an employee under the age of 17 years to work between 11 p.m. on one day and 6 a.m. on the following day.

• (3) [Repealed, SOR/99-337, s. 1]

• (4) [Repealed, SOR/91-461, s. 10]

Apprenticeship

11 An employer is exempted from the application of section 178 of the Act in respect of any of the employer’s employees who are being trained on the job if those employees are apprentices registered under a provincial apprenticeship Act and are being paid in accordance with a schedule of rates established under such an Act.

Reporting Pay

11.1 An employer shall pay an employee who reports for work at the call of the employer wages for not less than three hours of work at the employee’s regular rate of wages, whether or not the employee is called on to perform any work after so reporting for work.

Annual Vacations

12 An employer shall, at least 30 days prior to determining a year of employment under paragraph (b) of the definition year of employment in section 183 of the Act, notify in writing the affected employees of

• (a) the dates of commencement and expiry of the year of employment; and

• (b) the method of calculating the length of vacation and the vacation pay for a period of employment of less than 12 consecutive months.

• 13 (1) Where an employer has determined a year of employment under paragraph (b) of the definition year of employment in section 183 of the Act, the employer shall, within ten months after the commencement date or after each subsequent anniversary date, as the case may be, of the determined year of employment, grant a vacation with vacation pay to each employee who has completed less than 12 months of continuous employment at that date.

• (2) The vacation granted to an employee pursuant to subsection (1) shall be the number of weeks of the employee’s vacation entitlement under section 184 of the Act divided by 12 and multiplied by the number of completed months of employment from and including

  • (a) the date employment began, for an employee who became an employee after the commencement date of the year of employment referred to in subsection (1); or

  • (b) the commencement date of the year of employment previously in effect, for all other employees.

• (3) Where an employee is entitled to an annual vacation and there is no agreement between the employer and employee concerning when the vacation may be taken, the employer shall give the employee at least two weeks notice of the commencement of the employee’s annual vacation.

• (4) An employer shall pay to an employee who is entitled to it the vacation pay referred to in subparagraph 185(b)(i) of the Act or the amount referred to in subparagraph 185(b)(ii) of the Act, as the case may be,

  • (a) on a day that is within 14 days before the day on which a vacation period begins; or

  • (b) on the regular pay day during or immediately following a vacation period if it is not practicable to comply with paragraph (a) or if it is an established practice in the industrial establishment in which the employee is employed to pay vacation pay or a proportion of that vacation pay on the regular pay day during or immediately following a vacation period.

• 14 (1) An employee may, by written agreement with the employer, postpone or waive the employee’s entitlement to an annual vacation for a specified year of employment.

• (2) Where an employee waives an annual vacation in accordance with subsection (1), the employer shall pay the vacation pay to the employee within 10 months after the end of the specified year of employment.

General Holidays

• 15 (1) A notice of substitution of a general holiday required to be posted pursuant to subsection 195(3) of the Act shall contain

  • (a) the name of the employer;

  • (b) an identification of the affected employees;

  • (c) the address or location of the workplace;

  • (d) the dates of the general holiday and the substituted holiday;

  • (e) the dates the substitution comes into effect and expires;

  • (f) the date of posting; and

  • (g) a statement that at least 70 per cent of the affected employees must agree to the substitution of the general holiday for the substitution to come into effect.

• (2) The notice referred to in subsection (1) shall remain posted for the duration of the substitution.

16 If, in accordance with subsection 195(1) of the Act, any other day is substituted for a general holiday in a written agreement between the parties to a collective agreement, the written agreement shall contain the information set out in paragraphs 15(1)(a) to (e).

Regular Rate of Wages for Purposes of General Holidays, Personal Leave, Leave for Victims of Family Violence and Bereavement Leave

17 For the purposes of subsections 206.6(2), 206.7(2.1) and 210(2) of the Act, the regular rate of wages of an employee whose hours of work differ from day to day or who is paid on a basis other than time shall be

• (a) the average of the employee’s daily earnings, exclusive of overtime hours, for the 20 days the employee has worked immediately preceding the first day of the period of paid leave; or

• (b) an amount calculated by a method agreed on under or pursuant to a collective agreement that is binding on the employer and the employee.

18 For the purposes of section 197 of the Act, if the hours of work of an employee whose wages are calculated on a daily or hourly basis differ from day to day, or if the employee’s wages are calculated on a basis other than time, the regular rate of wages for a general holiday shall be

• (a) the average of his daily earnings exclusive of overtime for the 20 days he has worked immediately preceding the holiday; or

• (b) an amount calculated by a method agreed upon under or pursuant to a collective agreement that is binding on the employer and the employee.

Multi-employer Employment

• 19 (1) In this section,

  basic rate of wages

  basic rate of wages means the basic hourly wage rate of an employee excluding any premium or bonus rates paid under any specific conditions of his employment; (taux de salaire de base)

  employee

  employee means an employee engaged in multi-employer employment; (employé)

  employer

  employer means the employer of an employee; (employeur)

  longshoring employment

  longshoring employment means employment in the loading or unloading of ship’s cargo and in operations related to the loading or unloading of ship’s cargo; (emploi au débardage)

  multi-employer employment

  multi-employer employment means longshoring employment in any port in Canada where by custom the employee engaged in such employment would in the usual course of a working month be ordinarily employed by more than one employer; (travail au service de plusieurs employeurs)

  multi-employer unit

  multi-employer unit means an association of employers designated by the Minister as a multi-employer unit. (groupe de plusieurs employeurs)

• (2) When an employee of an employer who is a member of a multi-employer unit is entitled to wages for multi-employer employment, the employee is entitled to and shall be paid by the multi-employer unit an amount equal to their basic rate of wages multiplied by one twentieth of the hours, exclusive of overtime hours, that they worked in the four-week period immediately preceding the week in which a general holiday occurs.

• (3) Where an employee is employed by an employer who is not a member of a multi-employer unit, the employee is entitled to and shall be paid, on each pay day, in lieu of general holidays, an amount equal to three and one-half per cent of his basic rate of wages multiplied by the number of hours worked by the employee for that employer in the pay period for which he is paid on that pay day.

• (4) In addition to any amounts that an employee is entitled to under subsections (2) and (3), an employee who is required by an employer to work on a general holiday shall be paid at a rate of not less than one and one-half times his basic rate of wages for the time worked by him on that day.

• (5) The Minister may by order designate an association of employers as a multi-employer unit for any port or ports if

  • (a) the association has set up and administers a central pay office to record the employment of the employees of the employers who are members of the association and to pay wages to such employees on behalf of their employers; and

  • (b) the Minister is satisfied that the central pay office so set up by the association of employers is authorized to collect from each of the members of the association and pay out on their behalf to their employees the pay required to be paid to those employees pursuant to this section.

• (6) For the purposes of subsections 177.1(1), 206.6(2), 206.7(2.1), 206.8(1), 210(2), 230(1) and 235(1), paragraph 240(1)(a) and subsection 247.5(1) of the Act, if an employee is engaged in multi-employer employment, that employee is deemed to be continuously employed.

Determination of Hourly Rate of Wages

• 20 (1) Subject to subsections (2) and (3), for the purposes of calculating and determining the regular hourly rate of wages of employees who are paid on any basis of time other than hourly, an employer shall divide the wages paid for work performed by the number of hours required to perform the work.

• (2) The regular hourly rate of wages for the purposes of paragraph 174(1)(a) and subsections 174(4) and (5), 197(1) and 205(2) of the Act may be the rate agreed on under a collective agreement that is binding on the employer and the employee.

• (3) For the purposes of subsection (1),

  • (a) the wages paid for work performed do not include vacation pay, general holiday pay, other holiday pay, bereavement leave pay and wages paid for any hours of overtime; and

  • (b) the number of hours required to perform the work does not include hours for which an overtime rate of wages has been paid.

Board, Living Quarters and other Remuneration

21 Where board or living quarters or both are furnished by or on behalf of an employer to an employee and the arrangement is accepted by the employee, the amount by which the wages of the employee may be reduced, for any pay period, below the minimum hourly wage established under section 178 of the Act either by deduction from wages or by payment from the employee to the employer for such board or living quarters, shall not exceed

• (a) for board, $0.50 for each meal; and

• (b) for living quarters, $0.60 per day.

22 For the purposes of calculating and determining wages, the monetary value of any board, lodging or any remuneration other than money received by an employee in respect of his employment shall be of the amount that has been agreed upon between the employer and the employee, or where there is no such agreement or the amount agreed upon unduly affects the wages of the employee, the amount as may be determined by the Head of Compliance and Enforcement.

Payment of Wages, Vacation or Holiday Pay or other Remuneration when Employee Cannot Be Found

• 23 (1) Where an employer is required to pay wages to an employee or an employee is entitled to payment of wages by the employer and the employee cannot be found for the purposes of making such payment, the employer shall, not later than six months after the wages became due and payable, pay the wages to the Head of Compliance and Enforcement and such payment shall be deemed to be payment to the employee.

• (1.1) Prior to paying the wages to the Head of Compliance and Enforcement under subsection (1), the employer shall, not later than two months after the wages become due and payable, by written notice delivered personally or sent by registered mail to the employee’s last known address, inform the employee of the wages to which the employee is entitled.

• (2) The Head of Compliance and Enforcement shall deposit any amounts received under subsection (1) to the credit of the Receiver General in an account to be known as the “Labour Standards Suspense Account”, and the Head of Compliance and Enforcement may authorize payments out of the Account to any employee whose wages are held therein.

• (3) The Head of Compliance and Enforcement shall keep a record of receipts and disbursements from the Labour Standards Suspense Account.

Keeping of Records

• 24 (1) Every employer shall make and keep a record in respect of each employee showing the date of commencement of employment and the date of termination of employment and shall keep such record for a period of at least 36 months after the date of termination of employment.

• (2) Every employer shall keep, for at least three years after work is performed by an employee, the following information:

  • (a) the full name, address, Social Insurance Number, occupational classification and sex of the employee, and where the employee is under the age of 17 years, the age of the employee;

  • (b) the rate of wages, clearly indicating whether it is on an hourly, weekly, monthly or other basis, and the date and particulars of any change in the rate;

  • (c) where the rate of wages is on a basis other than time or on a combined basis of time and some other basis, a clear indication of the method of computation of that basis;

  • (d) the hours worked each day, except where the employee is

    • (i) excluded from the application of Division I of the Act by or under subsection 167(2) of the Act, or

    • (ii) exempt from the application of sections 169 and 171 of the Act pursuant to regulations made under paragraph 175(1)(b) of the Act;

  • (e) the actual earnings, indicating the amounts paid each pay day, with a recording of the amounts paid for overtime, vacation pay, general holiday pay, personal leave pay, pay for leave for victims of family violence, bereavement leave pay, termination pay and severance pay;

  • (f) the payments made each pay day after deductions, with clear details of the deductions made;

  • (g) with respect to annual vacations

    • (i) the dates of commencement and termination of each vacation period,

    • (ii) if a vacation was interrupted under subsection 187.1(1) of the Act, the date of interruption, and if the employee resumed the vacation under subsection 187.1(7) of the Act, the date of resumption, and

    • (iii) if a vacation was postponed under subsection 187.2(1) of the Act, the new dates of commencement and termination of that vacation;

  • (g.01) the year of employment in respect of which each annual vacation period was granted;

  • (g.02) any written notice of an interruption of a vacation or leave provided in accordance with subsection 187.1(6), 207.1(1) or 207.2(1) of the Act, as the case may be, and any written notice of resumption of a vacation or leave provided in accordance with subsection 187.1(7), 207.1(2) or 207.2(5) of the Act, as the case may be;

  • (g.1) any written agreement between the employer and the employee to postpone or waive the employee’s entitlement to annual vacation pursuant to subsection 14(1);

  • (g.11) any written request made by an employee under section 184.1 of the Act and a record of the employer’s response to that request;

  • (g.2) where the employer determines a year of employment pursuant to paragraph (b) of the definition “year of employment” in section 183 of the Act, any notice provided to employees pursuant to section 12;

  • (h) with respect to any leave granted to the employee under Division VII of the Act,

    • (i) the dates of commencement and termination, and of any interruption, of the leave,

    • (ii) a copy of any notice concerning the leave or any interruption of the leave, and

    • (iii) any documentation, including a copy of any medical certificate, that was provided by the employee in respect of the leave or interruption;

  • (h.1) the dates of commencement and termination of any job modification or reassignment of the employee provided pursuant to Division VII of the Act and a copy of any notice provided by the employer concerning the job modification or reassignment;

  • (i) any general holiday or other holiday with pay granted to the employee under Division V of the Act, any notice of substitution of a general holiday required to be posted under section 195 of the Act and, in respect of employees not subject to a collective agreement, proof that the substitution was approved in accordance with subsection 195(2) of the Act;

  • (j) when hours of work are averaged under section 6, any notice concerning the averaging of hours of work, details of any reductions in the standard and maximum hours of work made under subsections 6(7), (8) and (9) and the number of hours for which the employee was entitled to be paid at the overtime rate of wages or granted time off for overtime worked;

  • (k) the employer’s pay periods;

  • (l) a copy of any certificate provided in respect of medical breaks or medical leave and any request for the certificate made by the employer in accordance with subsection 181.1(2) or 239(2) of the Act, and any notice of termination of employment or intention to terminate employment given in accordance with Division IX or X of the Act;

  • (m) with respect to any period of bereavement leave granted to the employee under Division VIII of the Act,

    • (i) the date on which that period begins and its length, and

    • (ii) a copy of the written notice provided by that employee in accordance with subsection 210(1.3) of the Act;

  • (n) proof of the approval referred to in paragraph 170(2)(b) or 172(2)(b) of the Act;

  • (n.1) every work schedule and modification of a work schedule that is provided in writing to an employee;

  • (n.2) every written notice given, written request made or written agreement entered into under Division I or I.1 of the Act;

  • (n.21) a record describing any situation that an employee had to deal with under subsection 169.1(2) of the Act;

  • (n.22) a record describing any situation that an employee had to deal with under subsection 169.2(2) of the Act;

  • (n.3) a record of any refusal by an employee made under subsection 173.01(2) of the Act;

  • (n.4) a record describing any situation that an employee had to deal with under subsection 173.01(3) of the Act;

  • (n.41) a record describing any situation that an employee had to deal with under subsection 173.1(2) of the Act;

  • (n.5) a record of any refusal by an employee made under section 174.1 of the Act;

  • (n.6) a record describing any situation that an employee had to deal with under subsection 174.1(3) of the Act;

  • (o) with respect to leave granted under Division XV.2 of the Act to an employee who is a member of the reserve force,

    • (i) the dates of commencement and termination of the leave and of any interruption or postponement of that leave,

    • (i.1) a copy of any notice concerning the leave,

    • (ii) a copy of any medical certificate submitted by the employee in respect of that leave,

    • (iii) a copy of any document provided under section 247.7 of the Act, and

    • (iv) a copy of any notice issued under subsection 247.8(1) or 247.95(2) of the Act.

• (3) Any method of reporting absences from employment or overtime hours of work that discloses the particulars required by subsection (2), including regular daily hours of work, shall be a sufficient record for the purposes of these Regulations.

• (4) Every employer shall keep for a period of at least three years after the expiration of the employer’s obligation under subsection 239.1(3) of the Act, the following information:

  • (a) detailed reasons for an employee’s absence due to work-related illness or injury;

  • (b) a copy of any certificate of a health care practitioner indicating that the employee is fit to return to work; and

  • (c) the date the employee returned to work, or a copy of any notification from the employer to the employee and any trade union representing the employee that return to work was not reasonably practicable and the reasons why it was not.

• (5) [Repealed, SOR/2014-305, s. 6]

Certificate Referred to in Subsection 181.1(2) of the Act

24.1 A certificate issued by a health care practitioner under subsection 181.1(2) of the Act shall set out, in addition to the information required by that subsection, the dates of commencement and termination of the period in which the breaks needed for medical reasons are to be taken.

Notices to Be Posted

• 25 (1) Where a permit is granted by the Head of Compliance and Enforcement under section 176 of the Act, the employer shall post copies of the permit.

• (2) Every employer shall post notices containing the information set out in Schedule II.

• (3) Every employer shall post copies of the policy statement referred to in section 247.4 of the Act.

Notice of Group Termination

26 A notice of termination given pursuant to subsection 212(1) of the Act shall, in addition to the information required by paragraphs 212(3)(a) and (b) of the Act, set out

• (a) the name of the employer;

• (b) the location at which the termination is to take place;

• (c) the nature of the industry of the employer;

• (d) the name of any trade union certified to represent any employee in the group of employees whose employment is to be terminated or recognized by the employer as bargaining agent for any such employees; and

• (e) the reason for the termination of employment.

Industrial Establishment for Group Termination

27 For the purposes of Division IX of the Act, the following are designated as industrial establishments:

• (a) all branches, sections and other divisions of federal works, undertakings and businesses that are located in a region established pursuant to paragraph 54(w) of the Employment Insurance Act; and

• (b) all branches, sections and other divisions listed in Schedule I.

Exemption from Group Termination

28 Every employer shall be exempt from the application of Division IX of the Act in respect of the termination of employment of

• (a) employees employed on a seasonal basis; or

• (b) employees employed on an irregular basis under an arrangement whereby the employee may elect to work or not to work when requested to do so.

Continuity of Employment

29 For the purposes of Divisions IV, VII, VIII, X, XI, XIII, XIV and XV.2 of the Act, the absence of an employee from employment is deemed not to have interrupted continuity of employment if

• (a) the employee is absent from employment as a result of a lay-off that is not a termination under these Regulations; or

• (b) the employer permits or condones the employee’s absence from employment.

Complaint for Unjust Dismissal

29.1 For the purposes of paragraph 240(3)(b) of the Act, the following circumstances are prescribed:

• (a) the making of a complaint under subsection 240(1) of the Act, if a complaint that is based on substantially the same facts was previously made under subsection 246.1(1) or 247.99(1) of the Act in accordance with subsection 246.1(3) or 247.99(2) of the Act, as the case may be, and that complaint was withdrawn; and

• (b) the making of a complaint under subsection 240(1) of the Act, if a complaint that is based on substantially the same facts of unjust dismissal was previously made under that subsection in accordance with subsection 240(2) of the Act and that complaint was withdrawn because it is incomplete or contains an error.

Complaint Related to Genetic Testing

29.2 For the purposes of paragraph 247.99(3)(b) of the Act, the following circumstances are prescribed:

• (a) the making of a complaint under subsection 247.99(1) of the Act, if a complaint that is based on substantially the same facts was previously made under subsection 240(1) or 246.1(1) of the Act in accordance with subsection 240(2) or 246.1(3) of the Act, as the case may be, and that complaint was withdrawn; and

• (b) the making of a complaint under subsection 247.99(1) of the Act, if a complaint that is based on substantially the same facts was previously made under that subsection in accordance with subsection 247.99(2) of the Act, and that complaint was withdrawn because it is incomplete or contains an error.

Complaint Referred to in Subsection 251.01(1) of the Act

29.3 A prescribed circumstance for the purposes of paragraph 251.01(3)(b) of the Act is the making of a complaint under subsection 251.01(1) of the Act, if a complaint that is based on substantially the same facts was previously made under that subsection in accordance with subsection 251.01(2) of the Act and that complaint was withdrawn because it is incomplete or contains an error.

Lay-offs that Are Not Termination for the Purposes of Severance Pay, Group or Individual Termination of Employment

• 30 (1) For the purposes of Divisions IX, X and XI of the Act and subject to subsection (2), a lay-off of an employee shall not be deemed to be a termination of the employee’s employment by his employer where

  • (a) the lay-off is a result of a strike or lockout;

  • (b) the term of the lay-off is 12 months or less and the lay-off is mandatory pursuant to a minimum work guarantee in a collective agreement;

  • (c) the term of the lay-off is three months or less;

  • (d) the term of the lay-off is more than three months and the employer

    • (i) notifies the employee in writing at or before the time of the lay-off that he will be recalled to work on a fixed date or within a fixed period neither of which shall be more than six months from the date of the lay-off, and

    • (ii) recalls the employee to his employment in accordance with subparagraph (i);

  • (e) the term of the lay-off is more than three months and

    • (i) the employee continues during the term of the lay-off to receive payments from his employer in an amount agreed on by the employee and his employer,

    • (ii) the employer continues to make payments for the benefit of the employee to a pension plan that is registered pursuant to the Pension Benefits Standards Act or under a group or employee insurance plan,

    • (iii) the employee receives supplementary unemployment benefits, or

    • (iv) the employee would be entitled to supplementary unemployment benefits but is disqualified from receiving them pursuant to the Employment Insurance Act; or

  • (f) the term of the lay-off is more than three months but not more than 12 months and the employee, throughout the term of the lay-off, maintains recall rights pursuant to a collective agreement.

• (1.1) [Repealed, SOR/2020-138, s. 1]

• (1.2) [Repealed, SOR/2020-138, s. 1]

• (2) In determining the term of a lay-off for the purposes of paragraphs (1)(c), (d) and (f), any period of re-employment of less than two weeks duration shall not be included.

Regular Hours of Work (Severance Pay and Individual Termination of Employment)

• 31 (1) For the purposes of Division X of the Act, the regular hours of work in a week of an employee whose hours of work are not averaged are the actual hours worked by the employee, exclusive of overtime hours, in the four complete weeks prior to termination of employment, divided by four.

• (2) For the purposes of Division XI of the Act, the regular hours of work in a day of an employee whose hours of work are not averaged are the actual hours worked by the employee, exclusive of overtime hours, in the four complete weeks prior to termination of employment, divided by 20.

• (3) For the purposes of subsections (1) and (2), a complete week is one in which

  • (a) no general holiday occurs;

  • (b) no annual vacation is taken by the employee; and

  • (c) the employee was not absent from work for any other reason.

• 32 (1) For the purposes of Division X of the Act, the regular hours of work in a week for an employee whose hours of work are averaged is 40 hours.

• (2) For the purposes of Division XI of the Act, the regular hours of work in a day for an employee whose hours of work are averaged is eight hours.

Immediate Family

• 33 (1) For the purpose of subsection 210(1) of the Act, immediate family means, in respect of an employee,

  • (a) the employee’s spouse or common-law partner;

  • (b) the employee’s father and mother and the spouse or common-law partner of the father or mother;

  • (c) the employee’s children and the children of the employee’s spouse or common-law partner;

  • (d) the employee’s grandchildren;

  • (e) the employee’s brothers and sisters;

  • (f) the grandfather and grandmother of the employee;

  • (g) the father and mother of the spouse or common-law partner of the employee and the spouse or common-law partner of the father or mother; and

  • (h) any relative of the employee who resides permanently with the employee or with whom the employee permanently resides.

• (2) In this section, common-law partner means a person who has been cohabiting with an individual in a conjugal relationship for at least one year, or who had been so cohabiting with the individual for at least one year immediately before the individual’s death.

33.01 [Repealed, SOR/2020-226, s. 1]

33.1 [Repealed, SOR/2021-36, s. 1]

Work-related Illness and Injury

• 34 (1) The employer’s obligation under subsection 239.1(3) of the Act begins on the date that, according to a certificate from the health care practitioner authorized by the plan the employer subscribes to under subsection 239.1(2) of the Act, the employee is fit to return to work with or without qualifications, and ends 18 months after that date.

• (2) Where, within nine months after an employee’s return to work in accordance with subsection 239.1(3) of the Act, an employer lays off or terminates the employment of that employee or discontinues a function of that employee, the employer shall demonstrate to a Head of Compliance and Enforcement that the layoff, termination of employment or discontinuance of function was not because of the absence of the employee from work due to work-related illness or injury.

• (3) Where the employer cannot return an employee to work within 21 days after the date of receipt of the certificate referred to in subsection (1), the employer shall, within those 21 days, notify in writing the employee and, where the employee is subject to a collective agreement, the trade union representing the employee, whether return to work is reasonably practicable and, if not, the reasons therefor.