Jobs and Growth Act, 2012 (S.C. 2012, c. 31)
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Assented to 2012-12-14
PART 4VARIOUS MEASURES
Division 9R.S., c. J-1Judges Act
Marginal note:2006, c. 11, s. 4(1)
211. (1) Subsection 25(1) of the Act is replaced by the following:
Marginal note:Annual adjustment of salary
25. (1) The yearly salaries referred to in sections 9 to 22 apply in respect of the twelve month period commencing April 1, 2012.
Marginal note:2006, c. 11, s. 4(2)
(2) The portion of subsection 25(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Annual adjustment of salary
(2) The salary annexed to an office of judge in sections 9 to 22 for the twelve month period commencing April 1, 2013, and for each subsequent twelve month period, shall be the amount obtained by multiplying
Marginal note:1998, c. 30, s. 5
212. (1) Subsection 26(2) of the Act is replaced by the following:
Marginal note:Quadrennial inquiry
(2) The Commission shall commence an inquiry on October 1, 2015, and on October 1 of every fourth year after 2015, and shall submit a report containing its recommendations to the Minister of Justice of Canada within nine months after the date of commencement.
Marginal note:1998, c. 30, s. 5
(2) Subsection 26(7) of the Act is replaced by the following:
Marginal note:Response to report
(7) The Minister of Justice shall respond to a report of the Commission within four months after receiving it. Following that response, if applicable, he or she shall, within a reasonable period, cause to be prepared and introduced a bill to implement the response.
Marginal note:2006, c. 11, s. 6(2)
213. (1) Paragraph 27(6)(g) of the Act is replaced by the following:
(g) the Senior Judge of the Family Court, and each regional senior judge, of the Superior Court of Justice in and for the Province of Ontario, $5,000.
Marginal note:2002, c. 7, s. 190(5)
(2) The definition “senior judge” in subsection 27(9) of the Act is replaced by the following:
“senior judge”
« juge principal »
“senior judge” of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earliest date of appointment to the court in question who has not made an election under subsection 29(1) or 32.1(1) or, in the case of more than one such judge having been appointed on the same day, the judge that the Governor in Council may designate as the senior judge.
214. (1) Subsection 29(4) of the English version of the Act is replaced by the following:
Marginal note:Salary of supernumerary judge
(4) The salary of each supernumerary judge of a superior court is the salary annexed to the office of a judge of that court other than a chief justice, senior associate chief justice, associate chief justice or senior judge.
Marginal note:2002, c. 7, s. 191(2)
(2) Subsection 29(6) of the Act is replaced by the following:
Definition of “senior judge”
(6) In this section, “senior judge” of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earliest date of appointment to the court in question who has not made an election under subsection (1) or 32.1(1) or, in the case of more than one such judge having been appointed on the same day, the judge that the Governor in Council may designate as the senior judge.
Marginal note:2002, c. 8, s. 89(E)
215. The heading before section 31 of the Act is replaced by the following:
Chief Justice or Senior Judge Continuing as Judge
216. The Act is amended by adding the following after section 32:
Marginal note:Senior judge
32.1 (1) If the senior judge, as defined in subsection 22(3), of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice has notified the Minister of Justice of Canada and the attorney general of the territory of his or her election to cease to perform the duties of senior judge and to perform only the duties of a judge, he or she shall then hold only the office of a judge, other than the senior judge, of that court and shall be paid the salary annexed to the office of a judge, other than the senior judge, of the applicable court until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.
Marginal note:Restriction on election
(2) The senior judge may make the election referred to in subsection (1) only if he or she has continued in that position for at least five years.
Marginal note:Duties
(3) The senior judge who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge, other than the senior judge, of the applicable court.
Marginal note:Salary
(4) The salary of a senior judge who has made the election referred to in subsection (1) is the salary annexed to the office of a judge of the applicable court, other than the senior judge.
Marginal note:2002, c. 8, ss. 96(1)(E) and (2)
217. Subsections 43(1) and (2) of the Act are replaced by the following:
Marginal note:Annuity payable to supernumerary judge
43. (1) If a supernumerary judge, before becoming a supernumerary judge, held the office of chief justice, senior associate chief justice or associate chief justice, or served in the position of senior judge, as defined in subsection 29(6), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, the annuity payable to the judge under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office or position previously held by him or her of chief justice, senior associate chief justice, associate chief justice or senior judge.
Marginal note:Annuity — election under section 31, 32 or 32.1
(2) If the Chief Justice of the Federal Court of Appeal or of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada, in accordance with section 31, or a chief justice of a superior court of a province, in accordance with section 32, or a senior judge, as defined in subsection 22(3), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, in accordance with section 32.1, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office or position held by him or her immediately before his or her election.
Marginal note:2002, c. 7, s. 194
218. Subsection 54(4) of the Act is replaced by the following:
Definition of “senior judge”
(4) In this section, “senior judge”, in respect of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, means the judge with the earliest date of appointment to the court in question who has not made an election under subsection 29(1) or 32.1(1) or, in the case of more than one such judge having been appointed on the same day, the judge that the Governor in Council may designate as the senior judge.
Division 10R.S., c. L-2Canada Labour Code
Amendments to the Act
219. (1) The portion of section 188 of the Canada Labour Code before paragraph (a) is replaced by the following:
Marginal note:Termination of employment during year
188. When an employee ceases to be employed, the employer shall pay to the employee within 30 days after the day on which the employee ceases to be employed
(2) Paragraph 188(b) of the English version of the Act is replaced by the following:
(b) four per cent or, if the employee has completed six consecutive years of employment by one employer, six per cent of the wages of the employee during any part of the completed portion of their year of employment in respect of which vacation pay has not been paid to the employee.
220. Section 191 of the Act is replaced by the following:
Marginal note:Definitions
191. The following definitions apply in this Division.
“employed in a continuous operation”
« occupé à un travail ininterrompu »
“employed in a continuous operation” means, in respect of an employee, employment in
(a) any industrial establishment in which, in each seven-day period, operations once begun normally continue without cessation until the completion of the regularly scheduled operations for that period;
(b) any operations or services concerned with the running of trains, planes, ships, trucks or other vehicles, whether in scheduled or non-scheduled operations;
(c) any telephone, radio, television, telegraph or other communication or broadcasting operations or services; or
(d) any operation or service normally carried on without regard to Sundays or general holidays.
“holiday pay”
« indemnité de congé »
“holiday pay” means pay calculated in accordance with section 196.
“holiday with pay”
« congé payé »
“holiday with pay” means a holiday for which an employee is entitled to holiday pay.
Marginal note:2001, c. 34, ss. 18(F) and 19(F)
221. Sections 196 to 198 of the Act are replaced by the following:
Marginal note:Holiday pay
196. (1) Subject to subsections (2) to (4), an employee shall, for each general holiday, be paid holiday pay equal to at least one twentieth of the wages, excluding overtime pay, that they earned in the four-week period immediately preceding the week in which the general holiday occurs.
Marginal note:Employees on commission
(2) An employee whose wages are paid in whole or in part on a commission basis and who has completed at least 12 weeks of continuous employment with an employer shall, for each general holiday, be paid holiday pay equal to at least one sixtieth of the wages, excluding overtime pay, that they earned in the 12-week period immediately preceding the week in which the general holiday occurs.
Marginal note:First 30 days of employment
(3) An employee is not entitled to holiday pay for a general holiday that occurs in their first 30 days of employment with an employer.
Marginal note:Continuous operation employee not reporting for work
(4) An employee who is employed in a continuous operation is not entitled to holiday pay for a general holiday
(a) on which they do not report for work after having been called to work on that day; or
(b) for which they make themselves unavailable to work when the conditions of employment in the industrial establishment in which they are employed
(i) require them to be available, or
(ii) allow them to make themselves unavailable.
Marginal note:Employment
(5) For the purposes of subsection (3), a person is deemed to be in the employment of another person when they are available at the call of that other person, whether or not they are called on to perform any work.
Marginal note:Additional pay for holiday work
197. (1) An employee who is required to work on a day on which they are entitled to holiday pay shall be paid, in addition to the holiday pay for that day, wages at a rate equal to at least one and one-half times their regular rate of wages for the time that they work on that day.
Marginal note:Employment in continuous operation
(2) An employee employed in a continuous operation who is required to work on a day on which they are entitled to holiday pay shall
(a) be paid in accordance with subsection (1);
(b) be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer; or
(c) be paid holiday pay for the first day on which they do not work after that day, if a collective agreement that is binding on the employer and the employee so provides.
Marginal note:Employees not entitled to holiday pay
(3) If an employee who is not entitled to holiday pay under subsection 196(3) is required to work on a general holiday, they shall be paid at a rate equal to at least one and one-half times their regular rate of wages for the time that they work on that day unless they are employed in a continuous operation, in which case they are entitled to their regular rate of wages for the time that they work on that day.
Marginal note:R.S., c. 9 (1st Supp.), s. 8; 1993, c. 42, ss. 24 and 25; 2001, c. 34, s. 20(F)
222. Sections 199 to 202 of the Act are replaced by the following:
Marginal note:Holiday work for managers, etc.
199. Despite section 197, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which they are entitled to holiday pay shall be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer.
Marginal note:Holiday pay deemed to be wages
200. Holiday pay granted to an employee is for all purposes deemed to be wages.
Marginal note:Application of section 189
201. Section 189 applies for the purposes of this Division.
223. The Act is amended by adding the following after section 251:
Complaints
Marginal note:Making of complaint
251.01 (1) Any employee may make a complaint in writing to an inspector if they believe that the employer has contravened
(a) any provision of this Part or of the regulations made under this Part; or
(b) any order.
Marginal note:Time for making complaint
(2) A complaint under subsection (1) shall be made within the following period
(a) in the case of a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, six months from the last day on which the employer was required to pay those wages or other amounts under this Part; and
(b) in the case of any other complaint, six months from the day on which the subject-matter of the complaint arose.
Marginal note:Extension of time
(3) The Minister may, subject to the regulations, extend the period set out in subsection (2)
(a) if the Minister is satisfied that a complaint was made within that period to a government official who had no authority to deal with the complaint and that the person making the complaint believed the official had that authority;
(b) in any circumstances prescribed by regulation; or
(c) in the conditions prescribed by regulation.
Marginal note:Limitation
(4) An employee is not permitted to make a complaint under subsection (1) if the complaint is that the employee has been dismissed and considers the dismissal to be unjust.
Marginal note:For greater certainty
(5) For greater certainty, a complaint is not permitted under this section if it relates to a disagreement whose settlement is governed exclusively by a collective agreement under subsection 168(1.1).
Marginal note:Suspension of complaint
251.02 (1) If satisfied that the employee must take measures before the complaint may be dealt with, an inspector may suspend consideration of the complaint made under section 251.01, in whole or in part.
Marginal note:Notice
(2) If the inspector suspends a complaint, the inspector must notify the employee in writing and specify in the notice
(a) the measures that the employee must take; and
(b) the period of time within which the employee must take those measures.
Marginal note:Extension of time
(3) The inspector may, upon request, extend the time period specified in the notice.
Marginal note:End of suspension
(4) The suspension ends when, in the inspector’s opinion, the measures specified in the notice have been taken.
Marginal note:Inspector to assist parties
251.03 After receipt of a complaint, an inspector may assist the parties to the complaint to settle the complaint or cause another inspector to do so.
Marginal note:Settlement of amounts due
251.04 (1) If an employer and an employee who has made a complaint relating to the non-payment of wages or other amounts to which they are entitled under this Part reach a settlement in writing on the wages or other amounts to be paid, the employer may pay those amounts to the employee or to the Minister.
Marginal note:If amount paid to Minister
(2) If an employer pays the amounts to the Minister, the Minister shall, without delay after receiving them, pay them over to the employee who is entitled to the amounts.
Marginal note:Minister’s consent required for prosecution
(3) No prosecution for failure to pay an employee the wages or other amounts that were the subject of the complaint may without the written consent of the Minister be instituted against an employer if the employer has paid the amount of wages or other amounts referred to in subsection (1) to the employee or the Minister.
Marginal note:Rejection of complaint
251.05 (1) An inspector may reject a complaint made under section 251.01, in whole or in part,
(a) if the inspector is satisfied
(i) that the complaint is not within their jurisdiction,
(ii) that the complaint is frivolous, vexatious or not made in good faith,
(iii) that the complaint has been settled,
(iv) that there are other means available to the employee to resolve the subject-matter of the complaint that the inspector considers should be pursued,
(v) that the subject-matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator,
(vi) that in respect of a complaint other than a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, there is insufficient evidence to substantiate the complaint, or
(vii) that in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject-matter of the complaint and provides a third party dispute resolution process; or
(b) if consideration of the complaint was suspended under subsection 251.02(1) and if, in the inspector’s opinion, the other measures specified in the notice under subsection 251.02(2) were not taken within the specified time period.
Marginal note:Notice of rejection of complaint
(2) If a complaint has been rejected, the inspector shall notify the employee in writing, with reasons.
Marginal note:Request for review
(3) The employee may, within 15 days after the day on which the employee is notified of the rejection, request in writing, with reasons, that the Minister review the inspector’s decision.
Marginal note:Review
(4) The Minister may confirm the inspector’s decision, or rescind it and direct an inspector to deal with the complaint.
Marginal note:Notice of Minister’s decision
(5) The Minister shall notify the employee in writing of the Minister’s decision.
Marginal note:Review is final
(6) The Minister’s confirmation or rescission is final and conclusive and is not subject to appeal to or review by any court.
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