Canada Labour Standards Regulations

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.

(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.