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

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33.01 [Repealed, SOR/2020-226, s. 1]

Medical Leave with Pay

Marginal note:Modification — subsection 239(1.21) of the Act

• 33.1 (1) With respect to employers that base the calculation of the annual vacation of their employees on a year other than a calendar year, subsection 239(1.21) of the Act is modified as follows:

  • Marginal note:Maximum of 10 days

    (1.21) Subject to the regulations, an employee is entitled to earn up to 10 days of medical leave of absence with pay in a calendar year or in a year used by the employer to calculate the annual vacation of their employees.

• Marginal note:Modification — subsection 239(1.4) of the Act

  (2) With respect to employers that base the calculation of the annual vacation of their employees on a year other than a calendar year and that use a year other than a calendar year to calculate the days of medical leave of absence with pay of their employees, subsection 239(1.4) of the Act is modified as follows:

  • Marginal note:Annual carry forward

    (1.4) Subject to the regulations, each day of medical leave of absence with pay that an employee does not take in the year used by the employer to calculate the annual vacation of their employees is to be carried forward to the first day of the following year and decreases, by one, the maximum number of days that can be earned in that year under subsection (1.21), as modified by subsection 33.1(1) of the Canada Labour Standards Regulations.

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.

Service of Documents

• 35 (1) Subject to subsection (2), for the purposes of subsections 251.001(4), 251.06(3), 251.1(3), 251.101(4) and 253(1) of the Act, the following constitutes other means of serving a document:

  • (a) sending the document by courier;

  • (b) sending the document by fax or other electronic means; or

  • (c) if the person to be served is an individual, leaving the document with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence.

• (2) If a person cannot reasonably be served by any means listed in subsection (1) or by the means listed in subsection 251.001(4), 251.06(3), 251.1(3), 251.101(4) or 253(1) of the Act, as the case may be, the person may be served by leaving the document at the person’s last known address or place of business or, in the case of an individual, at the individual’s usual place of residence or workplace.

• (3) For the purposes of subsections 251.001(5), 251.06(4), 251.1(4), 251.101(5) and 253(2) of the Act, the following constitutes other proof that the document has been sent or received:

  • (a) an acknowledgement of service signed by or on behalf of the person served, specifying the date and location of service;

  • (b) a certificate of service signed by the person who effected service of the document, stating that service was made on the person named in the certificate and indicating the means by which and day on which service was effected;

  • (c) a receipt issued by a courier setting out the date on which the document was sent; or

  • (d) a record of electronic transmission setting out the date and time of transmission.

• (4) Service of the document is deemed to have been effected

  • (a) in the case of service by courier and in the absence of an acknowledgement of service or a certificate of service, on the seventh day after the day on which the document was sent, as indicated on the receipt issued by the courier; or

  • (b) in the case of service by fax or other electronic means, despite sections 2 and 3 of the Electronic Documents and Electronic Information Regulations, on the day on which the document is sent, as indicated on the record of electronic transmission.