Budget Implementation Act, 2017, No. 2 (S.C. 2017, c. 33)

DIVISION I.1Flexible Work Arrangements

Marginal note:Right to request

• 177.1 (1) An employee who has completed six consecutive months of continuous employment with an employer may request from the employer a change to the following terms and conditions of employment:

  • (a) the number of hours that the employee is required to work;

  • (b) the employee’s work schedule;

  • (c) the employee’s location of work; and

  • (d) any terms and conditions that apply to the employee and that are prescribed by regulation.

• Marginal note:Contents of request

  (2) The request shall be made in writing and shall include

  • (a) the employee’s name;

  • (b) the date on which the request is made;

  • (c) a description of the change to the terms and conditions of employment that is requested;

  • (d) the date on which the change would take effect and, if the change is intended to be temporary, the date on which the change would cease to have effect;

  • (e) an explanation of the effect that, in the employee’s opinion, the requested change would have on the employer and the manner in which, in the employee’s opinion, the employer could manage that effect; and

  • (f) any information that may be prescribed by regulation.

• Marginal note:Employer’s decision

  (3) An employer to whom a request is made shall make one of the following decisions:

  • (a) grant the request;

  • (b) offer to grant the request in part or to make an alternative change to the terms and conditions of employment; or

  • (c) refuse the request on one or more of the following grounds:

    • (i) the requested change would result in additional costs that would be a burden on the employer,

    • (ii) the requested change would have a detrimental impact on the quality or quantity of work within the employer’s industrial establishment, on the ability to meet customer demand or on any other aspect of performance within that industrial establishment,

    • (iii) the employer is unable to reorganize work among existing employees or to recruit additional employees in order to manage the requested change,

    • (iv) there would be insufficient work available for the employee if the requested change was granted, and

    • (v) any ground prescribed by regulation.

• Marginal note:Notice of decision

  (4) The employer shall, as soon as possible and not later than 30 days after receiving the request, give written notice to the employee of their decision. The notice in respect of a decision made under paragraph (3)(b) or (c) shall include written reasons for refusing the requested change or for not granting a part of it.

• Marginal note:Power to change terms and conditions

  (5) The employer may, for the purpose of granting a request made by an employee under paragraph (3)(a) or for the purpose of giving effect to a written agreement with the employee following an offer made under paragraph (3)(b), change the employee’s terms and conditions of employment. However, when there is any other provision under this Part or any provision of any regulations made under this Part that authorizes the employer to make a change to those terms and conditions, they shall make the change under that provision.

• Marginal note:Collective agreement

  (6) An employer shall not change, under subsection (5), a term or condition of employment contained in a collective agreement unless the change is agreed to in writing by the employer and the trade union.

• Marginal note:Prohibition

  (7) An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has made a request under subsection (1) or take such a request into account in any decision to promote or train the employee.

• Marginal note:Regulations

  (8) The Governor in Council may make regulations limiting the number of requests that an employee may make in any year and specifying the information that shall be included in a notice under subsection (4) or an agreement referred to in subsection (5).

• Marginal note:For greater certainty

  (9) For greater certainty, nothing in this section limits an employer’s duty to accommodate an employee under any other Act of Parliament.

Marginal note:Entitlement to vacation in one or more periods

184.1 A vacation granted to an employee under this Division is to be taken only in one period or, if the employee makes a request in writing and the employer approves it in writing, in more than one period.

• (b) shall, at any time that is prescribed by the regulations, pay to the employee

  • (i) if the vacation is taken in one period, the vacation pay to which the employee is entitled in respect of that vacation, or

  • (ii) if the vacation is taken in more than one period, for each period, the proportion of the vacation pay that the vacation taken is of the annual vacation to which the employee is entitled.

Marginal note:Interruption

• 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or 239.1(1).

• Marginal note:Application of section 209.1

  (2) If an employee interrupts a vacation to take leave under any of sections 205.1, 206, 206.1 and 206.3 to 206.8 and resumes the vacation immediately at the end of that leave, section 209.1 applies to them as if they did not resume the vacation before returning to work.

• Marginal note:Application of subsection 239(1.1)

  (3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) and resumes the vacation immediately at the end of that leave, subsection 239(1.1) applies to them as if they did not resume the vacation before returning to work.

• Marginal note:Application of subsections 239.1(3) and (4)

  (4) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.1(1) and resumes the vacation immediately at the end of that leave, subsections 239.1(3) and (4) apply to them as if they did not resume the vacation before returning to work.

• Marginal note:Application of sections 247.93 to 247.95

  (5) If an employee interrupts a vacation to take leave under section 247.5 and resumes the vacation immediately at the end of that leave, sections 247.93 to 247.95 apply to that employee as if they did not resume the vacation before returning to work.

• Marginal note:Notice to employer — interruption of vacation

  (6) An employee who intends to interrupt their vacation shall provide the employer with written notice of the interruption before or as soon as possible after the interruption begins.

• Marginal note:Notice to employer — resumption of vacation

  (7) An employee who interrupts their vacation and who intends to resume it immediately after the interruption ends shall provide the employer with written notice of the day on which they resume their vacation before or as soon as possible after that day.

Marginal note:Postponement

• 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or 239.1(1), ends.

• Marginal note:Notice to employer

  (2) An employee who intends to postpone their vacation shall, as soon as possible, provide the employer with prior written notice of the postponement.

• (b) modifying, to the extent that the Governor in Council considers necessary, the provisions of Division I.1, IV, V, VII, VIII, X, XI, XIII or XIV so that, as far as practicable, employees engaged in multi-employer employment will be entitled to the same rights and benefits under that Division as employees employed by one employer.

Reassignment, Maternity Leave, Parental Leave, Compassionate Care Leave, Leave Related to Critical Illness, Leave Related to Death or Disappearance, Family Responsibility Leave, Leave for Victims of Family Violence and Leave for Traditional Aboriginal Practices

Family Responsibility Leave

Marginal note:Leave — three days

• 206.6 (1) Every employee who has completed three consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to three days in every calendar year, to carry out the employee’s responsibilities related to

  • (a) the health or care of any of their family members; or

  • (b) the education of any of their family members who are less than 18 years of age.

• Marginal note:Division of leave

  (2) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.

• Marginal note:Documentation

  (3) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

• Marginal note:Family member

  (4) The Governor in Council may make regulations specifying the persons who are the employee’s family members for the purposes of subsection (1).

Leave for Victims of Family Violence

Marginal note:Definitions

• 206.7 (1) The definitions child and parent set out in subsection 206.5(1) apply in subsection (2).

• Marginal note:Leave — 10 days

  (2) Every employee who is a victim of family violence or who is the parent of a child who is a victim of family violence is entitled to and shall be granted a leave of absence from employment of up to 10 days in every calendar year, in order to enable the employee, in respect of such violence,

  • (a) to seek medical attention for themselves or their child in respect of a physical or psychological injury or disability;

  • (b) to obtain services from an organization which provides services to victims of family violence;

  • (c) to obtain psychological or other professional counselling;

  • (d) to relocate temporarily or permanently;

  • (e) to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding; or

  • (f) to take any measures prescribed by regulation.

• Marginal note:Exception

  (3) An employee is not entitled to a leave of absence with respect to any act of family violence if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

• Marginal note:Division of leave

  (4) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.

• Marginal note:Documentation

  (5) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

Leave for Traditional Aboriginal Practices

Marginal note:Leave — five days

• 206.8 (1) Every employee who is an Aboriginal person and who has completed three consecutive months of continuous employment with an employer is entitled to and shall 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

  • (a) hunting;

  • (b) fishing;

  • (c) harvesting; and

  • (d) any practice prescribed by regulation.

• Marginal note:Division of leave

  (2) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be not less than one day’s duration.

• Marginal note:Documentation

  (3) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation that shows the employee as an Aboriginal person. The employee shall provide that documentation only if it is reasonably practicable for him or her to obtain and provide it.

• Marginal note:Definition of Aboriginal

  (4) For the purposes of this section, Aboriginal means Indian, Inuit or Métis.