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.

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.

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 qualified medical 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 an inspector 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.