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.

(1.1) The period of three months or less set out in paragraph (1)(c) is extended

• (a) by nine months after the day on which it would otherwise end, if it began before March 31, 2020 and ends on or after the day on which this paragraph comes into force; and

• (b) to March 31, 2021, if it begins during the period beginning on March 31, 2020 and ending on December 31, 2020.

(1.2) The fixed date or fixed period set out in subparagraph (1)(d)(i) is extended

• (a) by nine months, or to March 31, 2021 if that day is before the end of those nine months, if the lay-off occurred before March 31, 2020 and the fixed date or fixed period for the employee to be recalled to work falls or ends, as the case may be, on or after the day on which this paragraph comes into force; and

• (b) to March 31, 2021, if the lay-off occurs during the period beginning on March 31, 2020 and ending on December 31, 2020 and the fixed date or fixed period for the employee to be recalled to work falls or ends, as the case may be, before March 31, 2021, or a later date set out in a notice in writing that meets the requirements of sub-paragraph 30(1)(d)(i).

(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.