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Standards for Work-Integrated Learning Activities Regulations (SOR/2020-145)

Regulations are current to 2022-11-16 and last amended on 2022-06-02. Previous Versions

Standards for Work-Integrated Learning Activities Regulations

SOR/2020-145

CANADA LABOUR CODE

Registration 2020-06-26

Standards for Work-Integrated Learning Activities Regulations

P.C. 2020-490 2020-06-25

Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to paragraphs 264(1)(a.1)Footnote a, (a.3)Footnote b, (a.4)Footnote b and (i.1)Footnote c and subsection 264(2)Footnote d of the Canada Labour CodeFootnote e, makes the annexed Standards for Work-Integrated Learning Activities Regulations.

Interpretation

Marginal note:Definition of Act

 In these Regulations, Act means the Canada Labour Code.

General Provisions

Marginal note:Educational institutions

 For the purpose of subsection 167(1.2) of the Act, the educational institutions are

  • (a) any post-secondary educational institution or vocational school that is listed in the Directory of Educational Institutions in Canada as amended from time to time, which is maintained by the Council of Ministers of Education through its subunit, the Canadian Information Centre for International Credentials;

  • (b) any secondary educational institution that meets provincial requirements in respect of the delivery of education in the province in which it is located;

  • (c) any post-secondary educational institution or vocational school that is administered by a federal department or agency; and

  • (d) any secondary or post-secondary educational institution or vocational school that is located outside Canada and that meets the requirements in respect of the delivery of education under the laws of the jurisdiction in which it is located.

Marginal note:Provision of documents to employer

 Before performing activities referred to in subsection 167(1.2) of the Act, a person must provide the employer with all documents, issued by an educational institution or vocational school referred to in section 2 of these Regulations, that contain the following information:

  • (a) the person’s full name;

  • (b) the name and address of the educational institution or vocational school and the name of the program in which the person is enrolled;

  • (c) the name and address of the employer for whom the activities are to be performed;

  • (d) a description of the activities whose performance fulfils the requirements of the program;

  • (e) the date on which the performance of the activities is to begin and

    • (i) the date on which the performance of the activities is to cease, or

    • (ii) the number of hours during which the activities are to be performed; and

  • (f) the name, job title, phone number and email address of a person employed by the educational institution or vocational school who is involved in the administration of the program.

Marginal note:Record-keeping

  •  (1) An employer of a person referred to in subsection 167(1.2) of the Act must keep a record containing the following:

    • (a) the full name and address of the person and, if the person has not attained the age referred to in subsection 10(1) of the Canada Labour Standards Regulations, their age;

    • (b) the documents referred to in section 3 of these Regulations;

    • (c) any agreement in writing between the employer and the person concerning the performance of the activities;

    • (d) any correspondence between the employer and the educational institution or vocational school concerning the person’s enrolment in the program or their performance of the activities;

    • (e) the dates on which the person began and ceased performing the activities;

    • (f) the dates on which the activities were performed and the number of hours they were performed on each of those dates;

    • (g) any general holiday granted to the person under these Regulations and, if a day was substituted for a general holiday, the written approval of the person in accordance with paragraph 195(2)(a) of the Act as adapted by subsection 7(2) of these Regulations;

    • (h) the dates on which each leave granted to the person under these Regulations began and ended;

    • (i) any written approval that is provided by the person in accordance with subparagraph 170(2)(b)(i) or 172(2)(b)(i) of the Act as adapted by subsection 7(2) of these Regulations;

    • (j) any notice of leave that is provided by the person to the employer under these Regulations;

    • (k) any certificate from a health care practitioner that is submitted by the person to the employer under these Regulations in respect of leave, maternity-related matters set out in subsection 204(2) of the Act or a break for medical reasons;

    • (l) if the person was absent due to an illness or injury related to the performance of the activities,

      • (i) detailed reasons for the absence,

      • (ii) a copy of any certificate from a health care practitioner certifying that the person is fit to resume the activities, and

      • (iii) the date on which the person returned to work or a copy of a notification from the employer to the person that a return to work was not reasonably practicable and the reasons why;

    • (m) the dates of commencement and termination of any modification of the activities under subsection 205(1) of the Act, as adapted by subsection 7(2) of these Regulations, and any notice provided by the employer concerning the modification;

    • (n) any work schedule and modification of a work schedule that is provided in writing to the person by the employer; and

    • (o) any refusal by the person made under subsection 173.01(2) of the Act.

  • Marginal note:Period for keeping records

    (2) An employer must keep the record referred to in subsection (1) for a period of 36 months after the day on which the activities cease.

Application and Adaptations

Marginal note:Part III of the Act

 Subject to section 7 of these Regulations, the following provisions of Part III of the Act apply to the persons referred to in subsection 167(1.2) of that Act and, in relation to those persons, the employer:

  • (a) under Division I (Hours of Work),

    • (i) subsections 169(1) and (3),

    • (ii) subsection 169.1(1),

    • (iii) subsection 169.2(1),

    • (iv) subsection 170(2),

    • (v) subsection 171(1),

    • (vi) subsection 172(2),

    • (vii) section 173,

    • (viii) subsections 173.01(1), (2) and (5), and

    • (ix) subsection 173.1(1);

  • (b) under Division II (Minimum Wages), section 179;

  • (c) under Division II.1 (Breaks for Medical Reasons or Nursing),

    • (i) section 181.1, and

    • (ii) section 181.2;

  • (d) under Division V (General Holidays),

    • (i) section 192,

    • (ii) subsection 193(2), and

    • (iii) paragraph 195(2)(a);

  • (e) under Division VII (Maternity-related Reassignment and Leave and Other Leaves),

    • (i) section 204,

    • (ii) subsections 205(1) to (4),

    • (iii) section 205.2,

    • (iv) subsections 206.6(1), (3) and (4),

    • (v) subsections 206.7(1), (2) and (3) to (5),

    • (vi) section 206.8,

    • (vii) subsections 207.3(1) and (2),

    • (viii) section 208,

    • (ix) section 208.1,

    • (x) subsection 209.1(1),

    • (xi) section 209.22, and

    • (xii) section 209.3;

  • (f) under Division VIII (Bereavement Leave), subsections 210(1) to (1.3);

  • (g) under Division XIII (Medical Leave), subsections 239(1) to (4), (6) and (7);

  • (h) under Division XIII.1 (Work-related Illness and Injury), subsections 239.1(1), (3) and (4);

  • (i) under Division XIV.1 (Complaints Relating to Reprisals),

    • (i) section 246.1,

    • (ii) section 246.2,

    • (iii) subparagraphs 246.3(1)(a)(i) to (v), paragraph 246.3(1)(b) and subsection 246.3(2),

    • (iv) paragraphs 246.4(a), (b), (d) and (e),

    • (v) section 246.5, and

    • (vi) section 246.6;

  • (j) under Division XV.1 (Sexual Harassment),

    • (i) section 247.1,

    • (ii) section 247.2,

    • (iii) section 247.3, and

    • (iv) section 247.4;

  • (k) under Division XV.3 (Genetic Testing),

    • (i) section 247.98,

    • (ii) subsections 247.99(1) to (6.4), subparagraphs 247.99(6.5)(a)(i) to (v), paragraph 247.99(6.5)(b), subsections 247.99(6.6) and (7), and paragraphs 247.99(8)(a), (b), (d) and (e), and

    • (iii) section 247.991; and

  • (l) under Division XVI (Administration and General),

    • (i) section 248,

    • (ii) section 249,

    • (iii) section 250,

    • (iv) subsections 251.001(1) to (6), (8) and (9),

    • (v) subsection 251.01(1), paragraph 251.01(2)(b) and subsections 251.01(3) and (3.1),

    • (vi) section 251.02,

    • (vii) section 251.03,

    • (viii) subparagraphs 251.05(1)(a)(i) to (vi), paragraphs 251.05(1)(b) and (c) and subsections 251.05(1.1) to (6),

    • (ix) section 251.19,

    • (x) subsections 252(1) and (2),

    • (xi) section 253,

    • (xii) subsection 255(1),

    • (xiii) subsections 256(1) to (1.2) and (3),

    • (xiv) section 257,

    • (xv) paragraph 258(2)(b),

    • (xvi) section 259,

    • (xvii) section 259.1,

    • (xviii) section 260, and

    • (xix) section 262.

Marginal note:Canada Labour Standards Regulations

 Subject to section 7 of these Regulations, the following provisions of the Canada Labour Standards Regulations apply to the persons referred to in subsection 167(1.2) of the Act and, in relation to those persons, the employer:

  • (a) section 10;

  • (a.1) section 24.1;

  • (b) subsection 25(3);

  • (c) section 33; and

  • (d) section 34.

Marginal note:Adaptations

  •  (1) For the application of the provisions of Part III of the Act set out in section 5 and subsection 7(2) of these Regulations and the provisions of the Canada Labour Standards Regulations set out in section 6 and subsection 7(3) of these Regulations

    • (a) a reference to an “employee” in those provisions, except for the provisions referred to in paragraph 7(2)(e) of these Regulations, is to be read as a reference to a person referred to in subsection 167(1.2) of the Act;

    • (b) a reference to an “employer” in those provisions is to be read as a reference to the employer referred to in subsection 167(1.2) of the Act;

    • (c) a reference to “employment”, “work”, “job” or “job function” in those provisions, except for the provisions referred to in paragraph 7(2)(e) of these Regulations, is to be read as a reference to the activities referred to in subsection 167(1.2) of the Act; and

    • (d) a reference to “dismiss”, “dismissed”, “dismissing” or “dismissal” in those provisions is to be read as a reference to the employer ending the activities referred to in subsection 167(1.2) of the Act.

  • Marginal note:Part III of the Act

    (2) The following provisions of Part III of the Act are adapted as follows for the purpose of applying them to the persons referred to in subsection 167(1.2) of the Act and, in relation to those persons, the employer:

    • (a) paragraph 169(1)(a) is to be read without reference to the word “standard”;

    • (b) subsection 169(3)

      • (i) is to be read without reference to the words “that under Division V entitle an employee to holidays with pay in that week”, and

      • (ii) is adapted such that the phrase “the standard hours of work” is to be read as “eight hours”;

    • (c) subsection 169.1(1) is to be read without reference to its second sentence;

    • (d) subsection 170(2) is to be read as follows:

      • (2) An employer may, in respect of an employee, establish, modify or cancel a work schedule under which the hours exceed the maximum set out in paragraph 169(1)(a) if

        • (a) the average hours of work for a period of two or more weeks does not exceed 40 hours a week; and

        • (b) the schedule, or its modification or cancellation, has been approved by the employee in writing.

    • (e) subsection 171(1) is adapted as follows:

      • 171(1) A person referred to in subsection 167(1.2) who is also an employee of the employer referred to in that subsection may be employed in excess of the hours of work referred to in paragraph 169(1)(a). However, the total hours of work and performance of activities referred to in subsection 167(1.2) must not, subject to section 172, exceed 10 hours in a day and 48 hours in a week.

    • (f) subsection 172(2) is to be read as follows:

      • (2) An employer may, in respect of a person referred to in subsection 171(1), establish, modify or cancel a work schedule under which the hours exceed the maximum set out in section 171 if

        • (a) the average hours of work for a period of two or more weeks does not exceed 48 hours a week; and

        • (b) the schedule, or its modification or cancellation, has been approved by the person in writing.

    • (g) section 173 is to be read without reference to the words “Except as may be otherwise prescribed by the regulations”;

    • (h) subsection 173.01(2) must be read without reference to the words “Subject to subsection (3)”;

    • (i) section 192 is to be read without reference to the words “with pay”;

    • (j) subsection 193(2) is to be read without reference to the words “with pay”;

    • (k) subsection 195(2) is to be read as follows:

      • (2) An employer may, in respect of an employee, substitute any other day for a general holiday, and the substituted day, for that employee, is deemed to be a general holiday if the substitution has been approved by the employee in writing.

    • (l) subsection 204(1) is to be read without reference to the words “or reassign her to another job”;

    • (m) subsection 205(1) is to be read without reference to the words “or reassign her”;

    • (n) subsection 205(2) is to be read without reference to the words “with pay at her regular rate of wages”, “or reassigns her”, “or reassign her” and “and that pay shall for all purposes be deemed to be wages”;

    • (o) subsection 205(3) is to be read without reference to the words “or a reassignment”;

    • (p) subsection 205(4) is to be read without reference to the words “or a reassignment”;

    • (q) section 205.2 is to be read without reference to the words “who has been reassigned or who is on a leave of absence”;

    • (r) the portion of subsection 206.8(1) before paragraph (a) is to be read as follows:

      • 206.8(1) Every employee who is an Aboriginal person is, three months after the day on which they begin their employment, entitled to and must be granted a leave of absence from employment of up to five days in every calendar year in order to enable the employee to engage in traditional Aboriginal practices, including

    • (s) subsections 207.3(1) and (2) are to be read as follows:

      • 207.3(1) Every employee who takes a leave of absence from employment under any of sections 206.6 to 206.8 must, as soon as possible, provide the employer with a notice in writing of the reasons for the leave and the length of the leave that they intend to take.

      • (2) Every employee who is on a leave of absence from employment under any of sections 206.6 to 206.8 must, as soon as possible, provide the employer with a notice in writing of any change in the length of the leave that they intend to take.

    • (t) subsection 209.1(1) is to be read as follows:

      • 209.1(1) Every employee who takes or is required to take a leave of absence from employment under this Division is entitled to be reinstated, and every employer of such an employee must, at the end of any such leave, reinstate the employee.

    • (u) paragraph 246.1(1)(a) is to be read without reference to subsections 174.1(4) and 177.1(7) and sections 238 and 247.96;

    • (v) subsection 246.1(2) is to be read without reference to subsection 240(1);

    • (w) subsection 247.99(1.1) is to be read without reference to subsection 240(1);

    • (x) section 251.19 is to be read without reference to section 251.18; and

    • (y) paragraph 256(1)(a) is to be read as follows:

      • (a) contravenes any provision of this Part or the regulations, other than subsection 251.001(9) or 252(2) or any regulation made under paragraph 264(1)(a.1);

  • Marginal note:Canada Labour Standards Regulations

    (3) Subsection 34(1) of the Canada Labour Standards Regulations is adapted as follows for the purpose of its application to the persons referred to in subsection 167(1.2) of the Act and, in relation to those persons, the employer:

    • 34(1) The employer’s obligation under subsection 239.1(3) of the Act begins on the date that, according to a certificate from a health care practitioner, the employee is fit to return to work with or without qualifications, and ends on the day on which employment is to end.

 
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