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Canada Labour Standards Regulations (C.R.C., c. 986)

Regulations are current to 2019-06-20 and last amended on 2015-03-16. Previous Versions

AMENDMENTS NOT IN FORCE

  • — SOR/2019-168, s. 1

  • — SOR/2019-168, s. 2

    • 2 Section 1 of the Regulations and the heading before it are repealed.

  • — SOR/2019-168, s. 3

    • 3 Sections 4 and 5 of the Regulations are replaced by the following:

      • 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.

  • — SOR/2019-168, s. 4

      • 4 (1) Paragraph 6(6)(c) of the Regulations is replaced by the following:

        • (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.

      • (2) Paragraphs 6(7)(a) and (b) of the Regulations are replaced by the following:

        • (a) of annual vacation with pay;

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

      • (3) Paragraphs 6(7)(d) and (e) of the Regulations are replaced by the following:

        • (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.

      • (4) Subsection 6(8) of the Regulations is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

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

      • (5) Subsection 6(13) of the Regulations is replaced by the following:

        • (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.

  • — SOR/2019-168, s. 5

      • 5 (1) Paragraph 10(1)(a) of the Regulations is replaced by the following:

        • (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

      • (2) The portion of paragraph 10(1)(b) of the Regulations before subparagraph (i) is replaced by the following:

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

      • (3) Subparagraph 10(1)(b)(ii) of the Regulations is replaced by the following:

      • (4) Subparagraph 10(1)(b)(iv) of the Regulations is replaced by the following:

      • (5) Subparagraph 10(1)(b)(v) of the English version of the Regulations is replaced by the following:

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

  • — SOR/2019-168, s. 6

    • 6 Subsection 13(4) of the Regulations is replaced by the following:

      • (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.

  • — SOR/2019-168, s. 7

      • 7 (1) The heading before section 17 of the Regulations is replaced by the following:

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

      • (2) The portion of section 17 of the Regulations before paragraph (b) is replaced by the following:

        • 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

  • — SOR/2019-168, s. 8

    • 8 Subsection 19(6) of the Regulations is replaced by the following:

      • (6) For the purposes of subsection 177.1(1), paragraph 206(1)(a), subsections 206.1(1), 206.4(2) and (2.1), 206.5(2) and (3), 206.6(2), 206.7(2.1), 206.8(1), 210(2), 230(1) and 235(1), paragraphs 239(1)(a) and 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.

  • — SOR/2019-168, s. 9

      • 9 (1) Paragraph 24(2)(e) of the Regulations is replaced by the following:

        • (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;

      • (2) Paragraph 24(2)(g) of the Regulations is replaced by the following:

        • (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;

      • (3) Subsection 24(2) of the Regulations is amended by adding the following after paragraph (g.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;

      • (4) Subparagraph 24(2)(h)(iii) of the Regulations is replaced by the following:

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

      • (5) Paragraphs 24(2)(i) and (j) of the Regulations are replaced by the following:

        • (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;

      • (6) Paragraphs 24(2)(m) and (n) of the Regulations are replaced by the following:

        • (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.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.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;

      • (7) Subparagraph 24(2)(o)(i) of the Regulations is replaced by the following:

        • (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,

      • (8) Subparagraphs 24(2)(o)(ii) to (iv) of the French version of the Regulations are replaced by the following:

        • (ii) une copie de tout certificat médical fourni par l’employé à l’égard du congé,

        • (iii) une copie de tout document fourni conformément à l’article 247.7 de la Loi,

        • (iv) une copie de tout avis donné aux termes des paragraphes 247.8(1) ou 247.95(2) de la Loi.

  • — SOR/2019-168, s. 10

    • 10 The heading before section 29 of the Regulations is replaced by the following:

      Continuity of Employment

  • — SOR/2019-168, s. 11

    • 11 Item 32 of Part I of Schedule I to the French version of the Regulations is replaced by the following:

      • 32 
        Centre des services de comptabilité
        • Montréal (Québec)
        • Directeur général, Centre des services de comptabilité
        • Directeur, Répartition des revenus
        • Directeur, Comptes créditeurs et comptabilisation du matériel
        • Directeur, Comptes clients et règlements interréseaux
        • Directeur, Analyse des recettes et rapports
        • Directeur, Administration et perfectionnement en milieu de travail
        • Gestionnaire, Répartition des revenus
        • Directeur, Comptes clients et crédit
  • — SOR/2019-168, s. 12

    • 12 Schedule II to the Regulations is replaced by Schedule II set out in the schedule to these Regulations.

      SCHEDULE II(Subsection 25(2))Notice Related to the Canada Labour Code — Part III

      Part III of the Canada Labour Code contains provisions setting out minimum labour standards for employers and employees in the federal jurisdiction.

      These provisions include standards relating to the following:

      Hours of work

      Maximum hours of work

      Weekly day of rest

      Notice of work schedule

      Notice of shift changes

      Overtime pay or time off

      Right to refuse overtime

      Right to request flexible work arrangements

      Minimum wages

      Equal wages

      Annual vacations

      General holidays

      Multi-employer employment

      Maternity-related reassignment and leave

      Maternity leave

      Parental leave

      Compassionate care leave

      Leave related to critical illness

      Leave related to death or disappearance

      Personal leave

      Leave for victims of family violence

      Leave for traditional Aboriginal practices

      Bereavement leave

      Sick leave

      Work-related illness and injury

      Leave of absence for members of the reserve force

      Group termination of employment

      Individual termination of employment

      Severance pay

      Unjust dismissal

      Long-term disability plans

      Sexual harassment

      Genetic testing

      Garnishment of wages

      Payment of wages

      For more information concerning these provisions, please contact your nearest Labour Program office of the Department of Employment and Social Development or visit the following website:

      https://www.canada.ca/en/employment-social-development/programs/employment-standards/federal-standards.html

      All inquiries will be treated confidentially.

  • — SOR/2019-168, s. 13

      • 13 (1) Paragraph (b) of Schedule III to the Regulations is replaced by the following:

        • (b) 
          An identification of the affected employee or employees: blank line
      • (2) Paragraph (d) of Schedule III to the Regulations is replaced by the following:

        • (d) 
          Hours of work in each work day: blank line

          In each work week :blank line

          (The number of hours in a work day and in a work week may be specified by attaching the work schedule of the affected employee or employees.)

      • (3) Note 2 of Schedule III to the Regulations is replaced by the following:

        • 2 This work schedule is posted in accordance with subsections 170(2) and (3) and 172(2) and (3) of the Canada Labour Code. These provisions require that notice of the proposed work schedule be posted for at least 30 days prior to its coming into effect and that the affected employee or at least 70% of affected employees, as the case may be, approve the schedule. Section 5 of the Canada Labour Standards Regulations requires that details of the modified work schedule be posted and kept posted as long as the work schedule is in effect.

  • — SOR/2019-168, s. 14

      • 14 (1) Paragraph (b) of Schedule IV to the Regulations is replaced by the following:

        • (b) 
          An identification of the affected employee or employees: blank line
      • (2) The note of Schedule IV to the Regulations is replaced by the following:

        Note:

        This notice is posted in accordance with section 6 of the Canada Labour Standards Regulations, which requires that the employer notify the affected employee or employees of details of the averaging of hours of work at least 30 days before the averaging takes effect and that the information contained in this notice remain posted for the duration of the averaging of hours of work.

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